Establish that crimes were committed by Cheney, by pardoning him. Perfect. Here’s the Gray Lady’s reprint of Mr. Romero’s fine opinion — do go read it all:
. . .Mr. Obama could pardon George J. Tenet for authorizing torture at the C.I.A.’s black sites overseas, Donald H. Rumsfeld for authorizing the use of torture at the Guantánamo Bay prison, David S. Addington, John C. Yoo and Jay S. Bybee for crafting the legal cover for torture, and George W. Bush and Dick Cheney for overseeing it all.
While the idea of a pre-emptive pardon may seem novel, there is precedent. Presidents Abraham Lincoln and Andrew Johnson pardoned Confederate soldiers as a step toward unity and reconstruction after the Civil War. Gerald R. Ford pardoned Richard M. Nixon for the crimes of Watergate. Jimmy Carter pardoned Vietnam War draft resisters.
The spectacle of the president’s granting pardons to torturers still makes my stomach turn. But doing so may be the only way to ensure that the American government never tortures again. Pardons would make clear that crimes were committed; that the individuals who authorized and committed torture were indeed criminals; and that future architects and perpetrators of torture should beware. Prosecutions would be preferable, but pardons may be the only viable and lasting way to close the Pandora’s box of torture once and for all. . . .