<i>The memos didn&#x27;t provide de iure indemnity. There is no constitutional basis, in fact the proposition that a memo can supersede the Constitution is idiotic on its face.</i><p>Yes, and that&#x27;s what I meant by &quot;let the courts sort it out later.&quot;  The Constitution&#x27;s not much help either way, being full of imprecise, hand-waving language and vague terms like &quot;cruel and unusual.&quot;  It was anticipated by the Constitution&#x27;s authors that it would be of use only to a moral government.<p><i>Nevertheless, since there is no legal basis, there is nothing preventing the next government from prosecuting them.</i><p>I wonder if that&#x27;s ever happened in the US?  Does anyone know?