Read: "," by David Swanson. Antemedius. August 28, 2009.
That article is very nearly completely solid in mundane terms (as opposed to divine).
Either the federal government of the U.S. now shows that no one can just write a memo (or order one up) to make what is illegal legal or it lets them all get away with it, in which case, there really is no binding law. The Constitution wouldn't be worth the paper it's written on.
The only thing that wouldn't hold up is the "Executive Orders 12674 and 12731" part. Even though those orders really restate the law, a President isn't obligated by previous Executive Orders, per se, whether or not he or she writes a formal retraction. Bush's Executive Orders don't bind Obama for instance. Underlying law does, what there might be of it.
Anyway, there is no doubt that torture is illegal regardless of one's status as a member of some "regular" military, etc. There is also no doubt that waterboarding and all the "harsh" interrogation techniques violate the law not only of the U.S. but of the world. There is also no doubt that John Yoo and the others knew these things when he wrote his memo(s) and Bush ran with the memo.
Should Bush be prosecuted? He should be if anyone is prosecuted for anything.
I know such "prosecution" should be aimed at universal repentance. Then he can be forgiven in the highest without concern that he would backslide forever as Satan. Does anyone understand this?