It's got to be Dick. Here's why:
His was the mind who started and controlled the torture regime. He is the prime mover of the crime. There is a case to be made for leaving Bush alone and putting Cheney away for life.
a) Many americans identify with Bush. He truly is a simple man- he probably knows less, even today, about OLC, FBI, CIA, FISA, etc. than many of us do. As President, yes he was finally responsible, but this President was not steering the ship to an historic degree.
b) Dick was steering the ship. Dick was the core of the "administration" such as it was, from it's first day until....until Dick was overthrown by events, and Condi / Gates. Dick knew OLC from OPR to SERE to UCMJ and a hundred other ones.
c) After Dick was sidelined, Bush's game came up to where he may not have even been the worst President ever, for a month here and there.
d) As Frank Rich wrote today "The lying about Iraq remains the original sin from which flows much of the Bush White House’s illegality." Dick didn't feel right about the first gulf war, for lots of reasons.
e) Bush and AIDS, Bush and education (as misguided as always, but decent intentions) show that he had at least some abstract notion that he was supposed to ease people's suffering rather than adding to it. Not so for Dick- he happily paid in the currency of human suffering and political capital so he could feel right about things.
f) Bush is guilty. That's one reality. Another is that it's politically very difficult to see a former American president behind bars. He will have gotten away with it on a personal level, but his family name is ruined. A lot of people in America hate what Bush did, but don't hate Bush. A lot of people hate Dick.
g) Dick is way out in front on this issue. He feels the heat coming. He knows he is going to have to pay for Iraq, for Torture, for all of it.
h) Dick is already paying. Scooter was his first brush with the fire, and is scared him but good. He has ruined his benefactor, Bush. His war was probably the biggest fuckup in the history of the country, and he stained the reputation of the United States of America. He knows all of it.
j) His name is all over all of it. There is a gathering storm. People know what torture is. People right, left, and center. We need our souls cleansed and there is only one way to do it....
Cheney in the dock has dramatic, political and logical force that seems hard to resist. I hope its a nasty jouney every step of the way......