Judge Baltasar Garzón is pressing ahead with a case against six senior Bush administration lawyers for implementing torture at Guantánamo.

The question is no longer, should you, or can you, prosecute them for authorizing torture. The question is, how can we say we live under a system of law and not have them prosecuted.

The way we respond to the revelations about the Bush administration's use of torture will define the kind of country we are. It is a test of our courage and our convictions. So far, the media are not getting high marks.

The real danger here is that unlawful conduct will be chalked up to policy differences and swept under the rug before the American public can even learn the full truth about what happened.

Obama has concluded that there are some subjects that we just don't get to know about -- which means there are some areas where the government may break the law with impunity.

There are two reasons prosecuting the Bush administration is a bad idea, one that has to do with the nature of the alleged crimes and the other that has to do with the consequences for the country.

There is almost no possibility that prosecutions against members of the Bush administration for violating civil liberties and human rights could succeed. A fairly selected jury would almost certainly acquit.

In an interview with ABC News' George Stephanopolous, Joe Biden said he was 'not ruling out' prosecutions for Bush administration officials over tortu...