Tortured Logic

What exactly could the Torture Memo authors be criminally charged with?  The New York Times makes it seems like criminally charging them is an option, but nowhere mentions a possible basis for a criminal indictment.  Criminal charges based on speech are extremely circumscribed in our society, as well they should be given our emphasis on freedom of expression.  Outside certain speech acts such as conspiracy, or fraud laws (which usually require more than just speech by requiring reliance by a listener on the fraudulent speech) there really isn't much of a hook to prosecute anyone for expressing their opinions.  I thought the Torture Memos were legal phlogiston when I first read them, but are they criminal?  No, just reprehensible and poorly reasoned and researched.  Failing to cite cases where the action you are analyzing was prosecuted by our government is sloppy and would get me fired in my job.  But let's take a deep breath before we criminally condemn people for expressing their opinion lest we start sliding down the slippery slope.