This morning on MSNBC, host Norah O’Donnell asked Sen. Sheldon Whitehouse (D-RI) about President Obama leaving the door open to torture prosecutions yesterday. Obama said yesterday that the decision of whether to bring torture charges is more “for the attorney general…and I don’t want to prejudge that.” Whitehouse agreed with Obama’s assessment, but added that anyone who exceeded the limits outlined in the OLC torture memos would be “wide open for potential prosecution“:
WHITEHOUSE: If someone reasonably relied on orders and legal authorities that they were given, if they stayed within those authorities, if they limited themselves to the predicates of those authorities, and if they acted in good faith, then yeah, there is no case. But those who acted outside the authorities. … Those who acted either unreasonably or in bad faith, I think they are wide open for potential prosecution and that’s a decision that down the road…the attorney general will have to make.
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