Obama has actually himself left the door open to the potential prosecution of Bush administration officials involved in torture:
"Obama left open the possibility of criminal prosecution Tuesday for former Bush administration officials who drew up the legal basis for aggressive interrogation techniques many view as torture.
Obama said it will be up to Attorney General Eric Holder to decide whether or not to prosecute the former officials.
"With respect to those who formulated those legal decisions, I would say that is going to be more a decision for the attorney general within the parameter of various laws, and I don't want to prejudge that," Obama said during a meeting with Jordan's King Abdullah II at the White House."
At the same time, we have learned that several Al Qaida suspects were waterboarded in excess of 50 times despite what Bush spokespeople told the public. In fact, the defense department released a memo under Bush at one time saying that Khaled Sheikeh Mohammed had only been waterboarded for 13 seconds before giving up a treasure trove of information. SURPRISE! That was a lie.
CIA waterboarded Khalid Sheikh Mohammed 183 times - Telegraph