New Attorney General, Eric Holder, is in a predicament. He has the choice of prosecuting fellow attorneys for an interpretation, albeit misled interpretation, of the Constitution, or to forego prosecution and let the past eight years slip away like a dark memory. John Yoo and his compatriots advised former President Bush on interrogation techniques and greenlit investigative procedures that were likely illegal under international law and many people want to see those responsible tried as war criminals.
Is it possible that in only a matter of months, DC could experience such a change of thinking that what was permissible a mere four months ago is now widely considered torture??
The approved interrogation techniques did not suddenly become illegal overnight – they always were. Congress, law Professors, and first year law students all realized that John Yoo’s interpretation of Presidential power was excessive. But was it criminal? Legally speaking, I doubt it. And I doubt that Eric Holder will take any action because of the questionable precedent that it would set.