Henry Farrell has at Clive Crook. My response here. A dissent here. What we can say is that these debates are themselves helpful. I don't mean that as a truism. I mean that because even if we do not get to sustain the rule of law, we have begun to expose the full extent of the last administration's brutality and lawlessness.
The OLC Memos, the ICRC Report and the Senate Armed Services Committee Report alone are definitive proof that the Bush administration knowingly violated the Geneva Conventions' Article 3, premeditatedly violated the UN Convention on Torture, set up an ongoing torture apparatus within the CIA, directly authorized the abuses at Abu Ghraib, and lied again and again and again about all of it. In history and in front of the world, they are slowly being exposed and being held accountable in the court of public opinion and under the heavens.
In the end, that must count for something.