Now that the Obama administration has released what seem to be nearly full records of the OLC memos on torture, the question is what comes next. In his announcement of the release, President Obama said:

In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.  …

This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past.

This is incredibly frustrating, especially at first blush. But Senator Russ Feingold notes that Obama leaves some loopholes in his statement on prosecutions.

The president has stated that it is not his administration’s intention to prosecute those who acted reasonably and relied in good faith upon legal advice from the Department of Justice.  As I understand it, his decision does not mean that anyone who engaged in activities that the Department had not approved, those who gave improper legal advice or those who authorized the program could not be prosecuted.  The details made public in these memos paint a horrifying picture and reveal how the Bush administration’s lawyers and top officials were complicit in torture.  The so-called enhanced interrogation program was a violation of our core principles as a nation and those responsible should be held accountable.

I hope that Feingold is right about Obama’s statement and the prospect of accountability for Bybee, Yoo, Bradbury, and obviously former President Bush. I do not think that the intelligence operatives who tortured our nation’s prisoners should be held accountable for the illegal orders that were given to them by the Bush administration. Instead, we must hold these lawyers and the Decider himself accountable.

Peru recently sentenced former president Fujimori to 25 years in jail for his actions as president, including the use of death squads to kill Peruvian citizens. If they can hold their executive accountable for his crimes, there is zero reason that the rule of law is not strong enough to handle the investigation, trial, and potential sentencing of anyone in the Bush administration, including the president, who is reasonable for torture. None. And frankly it’s embarassing that there is even the slightest inclination in our political ruling class to ignore criminal behavior because of political inconvenience. I hope Feingold has the courage to press forward and demand accountability.