Andrew Sullivan notes:
The more you think about the role torture played in constructing a false premise for a war where more torture would be unleashed, the more terrifying and dark this chapter in American history becomes.
Don't forget that one of the stated objectives of OIF, via Rumsfeld/Pentagon, was to collect information ...
Yet, while that is one scary part in looking backward, looking forward it is just as frightening, if you follow those who seek to implement torture via "RULE" (Regulate und Legalize). There appear to be those still asserting an Article 2 right to torture ...
The other context where I think Andrew's observation counts is the standard by which we come to judge what Cheney, et. al., have used as 'policy formation'. If we really have cause to believe that policy formation is NOT a bona fide description of what was going on behind closed doors, are we allowed to step over claims of privilege, etc.
I know that Holder today is leaving himself an out, saying he doesn't want to criminalize policy differences, but ... that may yet prove to be too fine a line, right?