It's a simple as this. Representatives of our country should not be committing crimes. Representatives of our country should not be committing torture.
Barack Obama did the right thing by releasing the "torture memos" yesterday. Glenn Greenwald has a cogent argument as to why Obama deserves credit.
One could, and IMHO, should argue that the torturers need to be prosecuted (we cannot abide by an "I was just following orders" defense).
But one should not argue, as former CIA director Hayden has, that the crimes ought to be left in the shadows.