Even if the Justice Department did pursue a criminal investigation of the illegal use of torture by American government personnel, there is no hope for a conviction. First, the Bush administration would use the "state secrets" doctrine to force the courts to throw out any cases. Second, administration officials would refuse to testify, thus making it impossible to prove who did what and under whose orders. Last, but not least, Bush will pardon all and sundry shortly after the elections in November. There is no way that he would be willing to bear the legal risk of allowing a thorough investigation to take place, and he can buy silence with the promise (or threat of withholding) of pardons.

While I agree that convictions are unlikely, I disagree that prosecutions would be irrelevant.

First, Bush will no longer be in office.

Second, prosecutions, even if ultimately unsuccessful, would force Bush and the Republicans in Congress who back him (or the next administration) to take a stand for torture or against, and pay the political piper. That alone would be worth the price of admission.

Then shoot them....