This is a terrible political move, regardless of the morality.
If Obama is looking to further distance himself from independants and Republicans Voting For Change , this is how you do it - investigate front line warriors in the GWOT who were acting in accordence with executive direction and legal review.
Also, though many believe that waterboarding is torture, there are many people either don't believe it was torture, don't think it is that bad of torture, or while they wouldn't want it to happen to Grandma, frankly don't care that it happened to these terrorists. C'est la vie in many areas outside of Washington, Cambridge and San Francisco. There is still a lot of red and purple in this country, and the police, military and intel agencies are held in high regard.
Once this "investigate past concerns" can is opened, it cannot be closed. And that will be for the worse of the country. Nothing like having all future Administrations as interested in prosecuting past misconduct as having them interested in running the country.
As quoted from the article, highlight bolded
Quote:"I don't blame them for wanting to look into it," said a former high-ranking Justice Department official familiar with the details of the program. "But if they appoint a special prosecutor, it would ultimately be unsuccessful, and it would go on forever and cause enormous collateral damage on the way to getting that unsuccessful result."
The political conversation should go like this:
Obama: Will I gain voters by investigating the CIA?
Emmanuel: No
Obama: Will I lose voters if I investigate the CIA?
Emmanuel: Yes
Obama: Will this set a nasty precedent and encourage the next Republican adminstration's investigation of my Presidency?
Emmanuel: Yes
Obama: Should we let these sleeping dog lie?
Emmanuel: Yes
Obama: Then close the file.