You see, that's been the GOP talking point since Day One, that the idea of a criminal prosecution of Bush administration for violating the Ronald Reagan U.S.-enacted ban on torture, among other statutes of law, would be "criminalizing policy differences." And according to their argument, it's un-American to criminalize "policy differences," that "this is what they do in banana republics." Now, if Cheney and his co-conspirators hid in their private-citizen bunkers all this time, with new info about the torture practices including their push for false confessions to justify the Iraq war swirling all around, even the Beltway media might latch onto to call for criminal prosecutions, as happened with the Watergate-era abuses of power. So, no, Cheney & Co. would instead continue to make waterboarding, long held as illegal under U.S. law, into a "policy difference" by publicly pushing for a different policy, even though they are no longer in power.