I'm posting this verbatim from Andrew Sullivan because it bears repeating.
ABC News reporter Jonathan Karl gets the following out of Cheney:
KARL: Did you authorize the tactics that were used against Khalid Sheikh Mohammed?
CHENEY: I was aware of the program, certainly, and involved in helping get the process cleared, as the agency, in effect, came in and wanted to know what they could and couldn't do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.
KARL: In hindsight, do you think any of those tactics that were used against Khalid Sheikh Mohammed and others went too far?
CHENEY: I don't.
KARL: And on KSM, one of those tactics, of course, widely reported was waterboarding. And that seems to be a tactic we no longer use. Even that you think was appropriate?
CHENEY: I do.
Notice that the first statement is an absolute lie, proven by the Senate report.
The decision to torture individuals was made by Bush and Cheney before the CIA ever asked for legal cover for the torture they had been ordered to commit. The torture and abuse was planned before even the January 2002 presidential memo that authorized torture:
In December 2001, more than a month before the President signed his memorandum, the Department of Defense (DoD) General Counsel’s Office had already solicited information on detainee “exploitation” from the Joint Personnel Recovery Agency (JPRA), an agency whose expertise was in training American personnel to withstand interrogation techniques considered illegal under the Geneva Conventions.
But Cheney's open, proud defense of a torture technique, waterboarding, that has always and everywhere been understood as torture means he stands vulnerable to war crime prosecutions. Until he is tried, convicted and jailed, the rule of law in this country stands fatally compromised.