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I don't want to pick a fight here, but is it possible that Obama is thinking along the lines of FDR must have been when he hired Joe P. Kennedy to head up the new SEC to clean up Wall Street? Kennedy was one of the dirtiest dealers on the street and fleeced millions out of the unwary ways that would land anyone in jail since then. The thing is he knew all the tricks and what it would take to stop them.
If I wanted to clean up the government on the torture issue, I would want as many of the participants turning "state's evidence" as possible, as high up as possible. Nobody outside the innermost circle worries about pissing off Karl Rove or Dick Cheney anymore. They would, however, want to either stay out of jail or at least avoid indictment. They also will be looking out for number one (i.e. their future government income), so you can give them a deal that turns them all into singing choir boys overnight.
