I guess I wouldn't mind if they were prosecuting people who actually engaged in torture, but they are talking about prosecuting people who wrote memos analyzing it. This could prevent the government from gathering all points of view from its legal staff. After all, they want to prosecute people who researched and considered the proposed tactics to be lawful. It would be different if they concluded they were unlawful but recommended them anyway. And besides, some of the them are comical (the caterpillar in the box) and were never actually implemented.
Like all the talk about bank executive bonuses being taxed away, this will also disappear in a few weeks as we move on to the next Traumatic Issue of the Decade.