How should the US deal with charges of torture?

Columnist David Broder wrote in an article praising Obama for ending "waterboarding and other forms of painful coercion": "But he was just as right to declare that there should be no prosecution of those who carried out what had been the policy of the United States government". Here is what I wrote in response:

This isn't just about a policy change

If all that happened was that a policy changed because the incoming administration felt differently about "enhanced interrogation", then I would agree with Mr. Broder that criminal investigation and possible prosecutions are out of order.

But, what happened was that many people were subjected to what historically has been called "torture" by this and other civilized countries. The fact that this torture was cloaked in legal policy discussions doesn't cleanse the fact that real people (some of whom who were innocent and shown to have no connection to Al-Qaeda or the Taliban) were subjected to real pain and terror under order of US government officials. "I was only acting under orders." was not an acceptable defense for Nazis at Nuremburg.

I don't favor a political witch hunt. However, a criminal investigation into the decisions and actions that resulted in the torture of specific individuals authorized by specific individuals is necessary. People who hold high power, especially, must be accountable for their actions under the law -- since they are capable of doing much damage to the people and the constitution.

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