Glenn Greenwald has the scoop, and it’s even lamer than what was clearly a set of deliberate leaks by Eric Holder and His Evil^* Minions^™ that were covered in the Newsweek article.

According to the Washington Post, which notes that, “The actions of higher-level Bush policymakers are not under consideration for possible investigation,” and the New York Times, which observes that, “The Justice Department official who confirmed the likelihood of an inquiry said it was not likely to focus on those legal opinions, the lawyers who wrote them or anyone who acted within the boundaries they set, even though the ground rules for interrogations have shifted,” it’s clear that real accountability for real crimes is not on the table.

For the small fry, “Just following [illegal] orders,” will be considered an absolute defense, and and the people who actually gave those illegal orders, and who did so without regard to the law or legal precedents, will not be subject to scrutiny.

I understand the possible political complications, though I think that they are stupid, because the Republicans will oppose Obama tooth and nail every step of the way regardless of his peace overtures, but even if non-prosecution were to produce a more bipartisan atmosphere, it would be wrong, because covering up a crime against humanity, and make no bones about it, torture is a crime against humanity, is a crime in and of itself.

^*Evil is the only way to describe this concerted effort to ensure that the people who authorized, and enabled torture never face justice. By deliberately ignoring the law in this matter, Eric Holder, and Barack Obama have become co-conspirators for torture after the fact.