I see the problem as this, we have a large amount of alleged warcrimes that are traceable directly to the last administration. Why do I say alleged? Its the issue of the detainees/"unlawful combatants"/"Unlawful enemy" a made up phrase to justify torture and indefiniate confinement. The problem is the use of that phrase instead of "Mercenary" due to the legal definition of Mercenary. If the enemy had been able to be declared Mercenaries the would have no absolutely legal rights under Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1), Part III Article 47 and thusly could be tortured, held secretly, never tried, no access to any legal rights or lawyers, executed at whim, or held until death and beyond. Conversely even if they could have proven the enemy as Mercenaries that would lead to hypocrisy regarding the enemy's beheadings and other executions any PMC including Blackwater and Dyncorp in the combat zone on the same grounds, no rights. PMCs actually double the amount of forces we have in Iraq from the official military count.
Whatever Cheney has to defend himself he won't allow cases like Binyam Mohamed's to come to open court andeither will Obama because too much gruesome testimony will be revealed about what exactly goes on in the secret prisons. Such testimony will not endanger getting information from someone who tortured after all everyone breaks under torture might as well spill all the beans before it happens. Torture is a social weapon used to cause fear in the enemy that isn't captured and tortured yet. So telling the world what went on causes two problems, it reveals the actual intensity of a program whose techniques might be used against our forces and mercenaries, and it gives a seed cause for more anger to be directed at our nation by old and new enemies thusly meaning more violence directed at us. Conversely if all the documents were laid down and proper legal prosecution was directed at the individuals involved not only Cheney & Bush would fall but so would a large number of powerful individuals in congress and the military like Pelosi and Franks, and now Obama for allowing things to go on. Too many people said yes to the crime, and now our government is like glass with rocks ready to rain on it. Its a crime until they can prove the enemy are mercenaries, and they can't prove that because the enemies primary motivation wasn't money it was religion and outrage at the USA and its allies. Basically everything is on thin ice and everyone involced is hoping to give an illusion of justice while walking around on snowshoes hoping the ice doesn't break and they don't get hung for being convicted of treason and or warcrimes.