The whole point of the Bush administration’s torture memos was to cover everyone’s ass—from your entry-level torturer to the designers and approvers of fiendish tortures.

But suppose there was a torture technique that was practiced — that was acknowledged to have been practiced — and those legal prostitutes who whitewashed every other technique were so busy laughing and chortling, and exchanging high fives over what they were pulling off, that they sloppily forgot to whitewash that technique?

What happens then?

It’s clear that the Obama administration will take no action whatsoever to investigate the Bush torture regime in any way, shape or form. (Because what we need is not an accounting or a meting out of justice, but campfire songs to heal our wounds.)

But now it seems that even if we accept the argument that the OLC memos immunized the torture regime against all forms of torture certified therein to not constitute torture, there will be many detainees who were still tortured. Suppose lawyers for one of these detainees are able to get a federal court to consider a complaint?

What happens then? And to whom?

Let the sweating begin! (Seeing as how it might well be the only punishment these guys ever face.)