That March 2003 report includes stunning analysis of the overwhelming extent of George W. Bush's power. As summarized by The Wall Street Journal, " 'constitutional principles' make it impossible to 'punish officials for aiding the president in exercising his exclusive constitutional authorities' and neither Congress nor the courts could 'require or implement the prosecution of such an individual.' "

If the persnickety courts insisted on getting involved in accusations of torture, there is, says the memo, the defense of necessity and self-defense: "If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate criminal prohibition, he would be doing so in order to prevent future attacks on the United States by the Al Qaeda terrorist network. . . . In that case, DOJ [Department of Justice] believes that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions."

But these crafty lawyers on the Bush team provided another possible defense. In "exceptional interrogations," the torturer could claim he or she was following "superior orders." This is also known as the Nuremberg defense, urgently and unsuccessfully offered by Nazi leaders at the Nuremberg trials.

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