Years from now, long after Barack Obama is gone, CIA agents dealing with hardened terrorists will have to worry about whether what they do to get information out of them to save American lives will make these agents themselves liable to prosecution that can destroy their careers and ruin their lives.
This is not simply an injustice to those who have tried to keep this country safe, it is a danger recklessly imposed on future Americans whose safety cannot always be guaranteed by sweet and gentle measures against hardened murderers.
Those who are pushing for legal action against CIA agents may talk about "upholding the law" but they are doing no such thing. Neither the Constitution of the United States nor the Geneva Convention gives rights to terrorists who operate outside the law.
There was a time when everybody understood this. German soldiers who put on American military uniforms, in order to infiltrate American lines during the Battle of the Bulge were simply lined up against a wall and shot-- and nobody wrung their hands over it. Nor did the U.S. Army try to conceal what they had done. The executions were filmed and the film has been shown on the History Channel.
So many "rights" have been conjured up out of thin air that many people seem unaware that rights and obligations derive from explicit laws, not from politically correct pieties. If you don't meet the terms of the Geneva Convention, then the Geneva Convention doesn't protect you. If you are not an American citizen, then the rights guaranteed to American citizens do not apply to you.
That should be especially obvious if you are part of an international network bent on killing Americans. But bending over backward to be nice to our enemies is one of the many self-indulgences of those who engage in moral preening.
But getting other people killed so that you can feel puffed up about yourself is profoundly immoral. So is betraying the country you took an oath to protect.