The sad truth is that most evil is done by people who never make up their minds to be either good or evil.
~Hannah Arendt
It seems to me to be a non-subject as to whether prosecuting CIA officials who called for the torture of any human being, no matter how despicable, is the right thing to do. When you cannot distinguish your methods from your enemies, then you yourself become indistinguishable from your enemy. And, while I am appalled at the conflation of CIA officials with Nazis defending themselves using the now-titled "Nuremberg Defense", I can certainly see no reason why "just following orders" is acceptable.
President Obama deserves harsh criticism on this point, I think. He cannot forgive and forget these indiscretions, especially since the proponents of torture attempted to - nearly successfully - cover them up. Releasing the memos without doing anything substantive about them is both politically and pragmatically dubious. Not only is it helping the fundamentalist recruitment effort - though to prosecute only on that basis would be morally shady - it is also inherently wrong, I think.
And, going a step farther, if it is, in fact, in violation of some international accord to not prosecute, then it is decidedly a stupid move on the part of our president to release the memos and then claim that all past offenses should be forgotten. Now, I am not so shallow as to believe that there is not some political edge to be had from making these documents public. Surely, political democrats wrung their hands at the idea of letting these hot little documents see the light of day. Of that, I am almost positive. It's just I am not so sure that it will not backfire in the long run, which is, in its own right, a very cynical point.