By now you’ve heard the Obama Administration released the memos used by the Bush Administration to justify torture. As Digby says,
This is the very definition of the banality of evil — a dry, legalistic series of justifications for acts of barbaric cruelty.
Many are angry that the President has promised not to prosecute CIA officials involved in torture. About the only justification for this I’ve seen is from the Anonymous Liberal, who writes,
I know many of you disagree with me on this, but I think Obama did the right thing by promising not to prosecute CIA officers who acted in accordance with the OLC’s prior advice. Given the kind of things these folks are asked to do and the important missions entrusted to them, they have to be able to rely on the legal advice they’re given by the government. If we start prosecuting people for conduct they were specifically advised was legal by the OLC, it will severely hamper our ability to conduct future intelligence work. No one will trust the advice they are given, they’ll worry that the rug will be pulled out from under them at some point down the road. That’s an untenable situation.
The people who should be punished are the people who gave the advice. The lawyers. The Jay Bybees, John Yoos, and David Addingtons of the world. Obama did the right thing by releasing these memos today. It is now up to us to make sure they generate the degree of outrage that they should.
I am uncomfortable with not prosecuting the CIA officials, since “just following orders” hasn’t been a defense since the Nuremberg Trials. However, releasing the memos themselves was the most important thing, and prosecuting the people who gave the advice is the next most important thing. However, I don’t think that what the White House says about the CIA officials necessarily ties Congress’s hands, does it?