I don’t believe there’s any way to prosecute.
There was an official DoJ memo saying that the techniques were legal. That provides all the cover those involve need.
The folks at DoJ were providing an official interpretation, but did not participate in the use of the techniques. So theyre clear as well.
Leadership could only be prosecuted if they were shown as directing, or unduly influencing the interpretation provided in the memo, or in directing the intelligence officers to go beyond it’s scope.
There might be a crimes against humanity/war crimes angle (Nurnbug “following orders” precedents), but there’s a huge difference between summary executions, beatings, tearing out fingernails, hooking sensitive body parts up to jumper cables, and playing loud music or squirting water up someone’s nose. The accused could make a solid case that there was a reasonable expectation that the DoJ memo was within the boundaries ofvlaw and international convention.
The ACLU may be a bunch of nutjobs, but they do have good lawyers who would know all of these things. My conclusion is that they’re screaming “Prosecute!” to get themselves into the press and to help with fundraising.
Agreed, but I don’t think the currant Department of Justice cares about justice.