Vyan over at Daily Kos makes a good case that administration officials, despite numerous CYA efforts on torture, and collaborative efforts from Congress (in the form of the 2006 Military Commissions Act), are vulnerable to prosecution under 18 USC 2441 of the War Crimes Act. The relevant crime (of those still open to potential U.S. prosecutors): conspiracy.
(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.As Vyan points out, no matter how Congress or the administration try to slice and dice it, their torture activities have resulted in dead bodies, and no amount of legislation can wash that blood away.
(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
...44 US military autopsy reports on the ACLU website -evidence of extensive abuse of US detainees in Iraq and Afghanistan 2002 through 2004. Anthony Romero, Executive Director of ACLU stated, "There is no question that US interrogations have resulted in deaths." ACLU attorney Amrit Sing adds, "These documents present irrefutable evidence that US operatives tortured detainees to death during interrogations."Oh, yes, and John Yoo, author of at least two legal memos giving a purported legal rationale to the Bush Administrations torture program? When last seen, Yoo was refusing to testify before the House, which is holding hearings on torture in the Judiciary Committee on May 9.
From ABC via Thinkprogress:
We have been expressly advised by the Office of Legal Counsel of the United States Department of Justice that Professor Yoo is not authorized to discuss before your Committee any specific deliberative communications, including the substance of comments on opinions or policy questions, or the confidential predecisional advice, recommendations or other positions taken by individuals or entities of the Executive Branch.This has worked for the administration thus far. Why should we believe it will be any different this time?
Who with any power in this country will stand up against the torturers and murderers who run this country -- and I mean stand up in a court of law or a congressional panel?