Who’s safe from the torture witch hunt?

Here’s William McSwain, former U.S. Marines scout/sniper platoon commander and executive editor of the 2005 Review of Department of Defense Detention Operations and Detainee Interrogation Techniques (The Church Report). McSwain echos the comments of the former CIA director and former attorney general: the goal isn’t confession or evidence, but gathering intelligence to save lives.

The aggressive techniques in the CIA memos are also undeniably safe, having been adopted from Survival, Evasion, Resistance, Escape (SERE) training used with our own troops.

I have personally been waterboarded, put into stress positions, sleep deprived, slapped in the face. While none of this was enjoyable, I am none the worse for wear.

While such techniques are used in U.S. military training, some apparently consider them too brutal, too abusive, too inhumane — in short, too much like “torture” — to be used on fanatics like KSM who are bent on the mass murder of innocent American civilians. And if legal advisers such as Steven G. Bradbury, Jay S. Bybee and John Yoo are to be prosecuted for having sanctioned their use under careful controls, who’s next? Every commander who ever implemented a SERE course?

Many critics also play the Abu Ghraib “trump card”: The abuses of prisoners at that facility in Iraq allegedly “prove” the Bush administration’s supposed policy of abuse, first codified in its legal memos. This ignores all relevant evidence.

As the Church Report concluded, after a thorough review of all Defense Department interrogation policies, the pictured abuses at Abu Ghraib bore no resemblance to approved policies at any level, in any theater. The 2004 Independent Panel to Review Department of Defense Detention Operations — whose four members included two former secretaries of defense under President Jimmy Carter — also stated that “no approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities.”

Similarly, the critics like to default to Guantanamo as a symbol of the kind of abuse that Mr. Bush’s antiterror policies allowed. Yet, at the time of the Church Report, there had been more than 24,000 interrogation sessions at Guantanamo and only three cases of substantiated interrogation-related abuse. All of them consisted of minor assaults in which military interrogators had exceeded the bounds of approved interrogation policy. Notably, the Church Report found that detainees at Guantanamo were more likely to have been injured playing recreational sports than in confrontations with interrogators or guards.

Mr. Bush’s advisers were public servants with the memory of 9/11 still fresh in their minds, doing their best to give legitimate legal advice in a murky, largely undefined area of the law. Is this the stuff of which federal prosecutions, or even sanctions, are made?

As a former federal prosecutor, I know a good case from a bad one. I know a case based on solid evidence and even-handed application of the law versus one based on scoring political points. Mr. Obama and his attorney general, Eric Holder, have professed their desire to take politics out of the Justice Department, to restore integrity to a department that they believe had gone astray under Mr. Bush. Their recent actions, however, speak otherwise.

The bottom line is that any attempt to prosecute or sanction lawyers such as Messrs. Bradbury, Bybee or Yoo would be a fool’s errand. And whatever our new president and his attorney general are, they aren’t fools. Or at least I don’t think they are. For the good of the country, I hope they don’t prove me wrong.