But that doesn't mean those attorneys will end up facing prison sentences any time soon.
Some legal analysts doubt the Obama administration and Attorney General Eric Holder have the stomach for taking on their predecessors. And others question whether the Justice Department would pursue a case that amounts to prosecuting a legal opinion.
"My prediction is you'll never see prosecutions," said Doug Burns, a former federal prosecutor. He said Obama was merely backpedaling Tuesday to blunt the political backlash he was facing from the left.
Though the president has said that CIA agents will not be charged for following legal guidelines for interrogations, some Democrats have pushed him to support prosecution of the lawyers who drafted the legal ground for such interrogations. Obama said Tuesday that he will defer to Holder on those potential charges.
But if Holder goes down that road, it will be unprecedented, legal analysts said.
"It would really be a very, very difficult case to make," said Bruce Fein, a constitutional lawyer and former official in the Justice Department's Office of Legal Policy. - FOX News Story
When I think that Obama can't be any less of a leader, he sets me straight. Pandering to the Left by saying he is open to prosecution then putting his tail between his legs puts it off onto the AG to decide. Be a Leader. Yes or No, do you support prosecuting members of the previous Administration?
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