Let me give you a counter-conspiracy theory. This may just be a fantasy narrative, but it paints, some wishful thinking.
Obama is gaming the CIA gloriously, and I am quite impressed with how the torture debate is going so far. Let's pretend that this is all part of the Obama administration's plan to make sure America's torturers get their just deserts.
Take a puff and follow me down the rabbit hole.
There are a few things to remember about the CIA and the way it works when discussing whether or not to prosecute.
First, the administration doesn't want to gut the CIA. While some of us may have different opinions about how effective the CIA is, we do need to maintain a national intelligence capability, and a gutted and demoralized CIA would be dangerous at best and dysfunctional at worst.
Second, the administration doesn't want to create a public servant purge. It will take some time to figure out how to draw the line between who was really involved, and who should or should not be prosecuted. (There were acquittals at Nuremburg, remember.) We must deal with questions like "Does being present at an informational briefing make a congressperson responsible for policies they were not asked to approve?"
Third the administration doesn't want to expose itself to the political fallout of what could be perceived (or spun by Faux news) as the same kind of partisan witch hunt as the Lewinsky scandal.
So how to proceed?
Why, declassify some memos and let the legal eagles in the public domain slowly come to the sickening conclusion that 'we have no choice but to put these guys on trial'. As the hue and cry slowly gets bigger, the justice department can conduct their quiet investigations while the administration pretends to stall.
Remember, those responsible for torture are willing to let faithful civil servants and uniformed military officers hang out to dry rather than own up to their own decisions. They're willing to destroy evidence and cover up their own crimes.
The best thing the administration can do is release a trickle of horrors to reinforce in the public how evil these people were, and then prosecute when the demand becomes overwhelming. Stall for time, and undermine the ability of those responsible to hide under the word 'classified'.
Look at how this is playing out and see what you think.