There's been a lot of grief given the Obama administration about the declaration that people who did the actual torturing would not be prosecuted. I just don't feel like I have any room to kibbitz here. The people we put on the front lines have a choice: obey any lawful order, or face prosecution.
If I were a young soldier or operative, and was ordered to torture someone in order to gain intelligence, I like to think I'd refuse, claiming the order was unlawful. But what if I'm then shown memos from top administration officials claiming that it was in fact legal, what are my options, especially when those same officials have claimed the right to imprison and torture anyone, including U.S. citizens, who they deem "enemies".
I'm not at all sure what I'd do. I think anyone who says they do know what they'd do is full of it.