Even if they were prosecuted — a highly unlikely possibility given the power of the CIA in America's governmental structure — all they would do is say that they were following orders and protecting "national security." Most federal judges would quickly let them off the hook. The few who wouldn't would give minor slaps on the wrist to these "patriots" who were just trying to keep us safe.

Once the furor over the torture scandal dies down, as it always does after the discovery of each new CIA scandal, the CIA will continue doing whatever it wants to do, in secret.

It's not just the CIA that is responsible for the criminal wrongdoing. Congress is just as responsible. After all, when a legislative body brings into existence a governmental agency that wields the omnipotent power to do whatever it deems necessary for "national security" and to do it in secret — and then keeps it in existence — then the legislative body is responsible for all the acts of that secret agency.

At any time since 1947, and especially since the end of the Cold War, Congress could have abolished the CIA. It chose not to do so, preferring instead to permit this omnipotent agency to continue operating in secret. That makes Congress equally responsible for the torture and all the other criminal acts committed by the CIA.