Exactly

By Creature

Andrew Sullivan gets to the torture nub:

One more point that [Richard] Cohen simply ignores. Torture is illegal. It is a war crime. You cannot get to the point of debating its pros and cons until you have changed the law, removed the US from Geneva and the UN Convention on Torture and placed the US legally on the same ground as the enemy. That's the only legal way to do it - by repealing the laws against it. But the laws were not repealed; they were secretly broken; and those who broke the law, the former president and vice-president chief among them, are above the law in Washington.

Torture is not a "policy" disagreement, it's a criminal act.