The NYT takes a stand, the only credible legal stand, given where we now are:
A prosecutor should be appointed to consider criminal charges against top officials at the Pentagon and others involved in planning the abuse.
That must include the commander-in-chief and his vice-president. This is where the criminality came from and it’s unjust to punish people down the line more than those at the very top. If Obama wants to avoid even the appearance of retribution, he should first appoint a Truth Commission of independent, outside but experienced public officials from both parties – along the lines of the 9/11 Commission – to establish the full facts of the past seven years. In my view, it should be restricted to war crimes alone – far graver than the question of warrantless wire-tapping.