David Broder has wasted some valuable space in the Washington Post urging President Obama to hold firm against torture investigations. No wait, that's wrong. Space in the Post isn't valuable anymore. That explains why they're willing to publish this brilliant conclusion:
Suppose that Obama backs down and Holder or someone else starts hauling Bush administration lawyers and operatives into hearings and courtrooms.
Suppose the investigators decide that the country does not want to see the former president and vice president in the dock. Then underlings pay the price while big shots go free. But at some point, if he is at all a man of honor, George W. Bush would feel bound to say: That was my policy. I was the president. If you want to indict anyone for it, indict me.
Is that where we want to go?
Yes. That's exactly where we want to go. But Broder, like Peggy Noonan, just wants to look the other way. So the precedent would be this:
President wants to do something illegal. Wants to really bad. Compliant legal aides rewrite rules for him to do so. Underlings break laws based on said legal advice.
No one gets punished.
David Broder turns 80 this year. He should use the occasion to retire and the Washington Post should use the occasion to put something more insightful in the vacated space.