I must state up front that like many I too am troubled by the Obama administration's response to the Bush torture crimes. There can be no equivocation in the case of torture: it is wrong and those guilty of torturing another human being should be punished.
As clear and straightforward as my denunciation of torture may be the path to justice however, is complicated. A lot of folks have been screaming Nuremberg--which got my Godwin meter up. The dramatic and morally unambiguous scenario of WWII, with the Nazi's on one side and good democracies on the other will not be reproduced in the prosecution of the Bush war criminals. It is important to remember, that the fascists lost, they were the vanquished. The US the victors. Nuremberg was a success in revealing to all the crimes of Nazism, precisely because Nazism had been defeated. The defeat of Bushco is not an analogous situation.
If the DOJ manages to prosecute and hold responsible Yoo, Bybee and joy of all joys Cheney, what will have occurred will be unprecedented in US history. For the first time, the US will publicly scrutinize, reveal and condemn its covert activities. Indeed, the torture at Guantanamo, Abu Ghraib and the countless black sites set up during the Bush admin is horrific. But it is important to remember that torture of the past eight years is in many ways the culmination of a Cold War policy set in motion in the mid-1970's in Latin America. Cheney and co. are part of that sadistic generation of Cold warriors who supported CIA counterinsurgency measures in Latin America. Brazil, Guatemala, El Salvador, all have had a taste of the CIA torture methods. Never directly dirtying their hands the CIA trained and assisted some of the most brutal secret police operations in the region. What makes Bushco all the more horrific is that Bush/Cheney moved to make these covert methods the law. Bush declared a permanent state of emergency. No need to hide torture, it's perfectly legal and justifiable due to our 'war on terror'.
We should with all our political might and effort push to have Cheney and co prosecuted. This would be an historic event. A condemnation not just of the Bush/Cheney travesty but a condemnation of the past four decades of Cold War horrors. If they are brought up for prosecution we should understand how incredible an event this would be.
I am pessimistic though. The victor rarely looks within. And it is quite clear that Obama does not want to alienate the CIA at this point in his presidency. But we should always be prepared for the return of democracy.