The members of the Bush Crime Family (BCF) have been pushing the notion in the media that they had no idea what torture really was and these memos authorizing their war crimes were just a mistake. The problem with this notion is that in order to write Justice Dept. memos authorizing torture they would have had to do a basic search of the case law. Even if the convictions of the war criminals who used water boarding weren’t available to the researchers at the DOJ, they did have a domestic case of a Sheriff in Texas (of course) who was convicted of water boarding prisoners and the case was appealed so it certainly would show up in any search.
Then there is small matter of the BCF muzzling anybody in Government who pointed out that water boarding was a crime. This in itself is proof that they knew what they were doing was a crime. The precedent was established at Nuremberg that lawyers who created such fiction to make people think such crimes were legal should face the full penalty for these crimes. As much as those who ordered the crimes and even more than those who carried out the orders.