Forgive me if this has been put up elsewhere, but I last week ran across this EXCELLENT panel discussion put on by hoya's alma matre on this topic. Panel includes Arlen Specter, a congress woman on the intelligence committee, a law professor, former homalnd security official and the reporter who broke Abu Graib.
Fantastic, fanstastic discussion of this issue. If you really want to understand both what is at stake and what the legal arguments are this is well worth the listen. It can also be downloaded as a podcast.
http://www.law.georgetown.edu/webcas...0622191513.mp3