No, Jase. That's not what's frightening.
Impeaching of political enemies is nothing new. It's what happened to Andrew Johnson. It's what would have happened to Nixon had he not resigned in time. It's what happened to Clinton when he bullshitted about a blow-job. That was purely political, but although it hamstrung a sitting President, it didn't destroy American democracy, because it happened within the rule of law.
What is frightening is your argument above, as well as this:
- not least because this seems to be the line the Obama administration is taking - that trying those involved would seem like spiteful tribalism, undermine his rhetoric of bipartisanship, and make it more likely that incoming administrations would begin a tradition of impeaching the previous incumbents.
This is genuinely frightening, because it suggests - as your top post above does - that a President or administration is above the law.
You're a lawyer and an intelligent man, you must know how dangerous that is?
Let's set an outlier here. We can all agree, surely, that if a President authorises, say, forced scientific experimentation on human beings - in good faith, say, because he believes it's necessary to stop an epidemic that could kill a million people - and if lawyers advise him that this is legal, they must be brought to trial.
Nothing about the situation saves them from impeachment - not the gravity of the emergency, not the dignity of the office of President or lawyer, and not the need to prevent malicious political use of the law. They have to stand trial, because we all agree that human experimentation is beyond the pale.
The same conditions hold regarding torture. Now that it is clear that water-boarding etc. were authorised both by and to the Vice-President, the decision whether to impeach has to be based on how water-boarding is regarded in society and law - not on any of the above conditions.
Anything else is a significant danger to the rule of law in your country. (Not to mention, given your country's power and military range, the safety of people around the world).
Since water-boarding is agreed by a significant proportion of states to be torture, I would argue that all those involved - the agents who practiced it, the lawyers who green-lighted it, the politicians who authorised it - have to stand trial.
I suspect if you had never heard of water-boarding until it transpired that it had been done 183 in a month to a captured US serviceman in Iraq, you would agree that it was torture, and that those who did it should be brought to book. Perhaps I'm wrong - perhaps you have good arguments for considering it a reasonable interrogation technique. But that is the ground of the argument - not rhetoric about partisanship and totalitarianism, or reduction of the question of torture to a difference of opinion, as if the strength of those opinions ought not to be examined in court.