They figured out how to immunize themselves during the Bush administration. Get a compliant lawyer to write a memo saying whatever you want to do is legal. Then you are relying on advice of counsel which tends to defeat the mens rea necessary to convict of a crime. The lawyer is also not liable because it's not a crime to give bad legal advice.
This technique is how everyone at the CIA got the hook for destroying video evidence of torture which had already been requested by a congressional committee and a federal court in 2005. It's also explains Yoo's farcical torture memos -- they may not pass the straight face test but they still were a major barrier to criminal liability for those who procured them.
This technique is how everyone at the CIA got the hook for destroying video evidence of torture which had already been requested by a congressional committee and a federal court in 2005. It's also explains Yoo's farcical torture memos -- they may not pass the straight face test but they still were a major barrier to criminal liability for those who procured them.