That it might be. However, the state is remarkably adept at not pursuing crimes that its agents commit... Unless those crimes harm the interests of the ruling class.
There's a pretty clear - and abhorrent power imbalance at play, here.
Or, the state is adept at making the cases it can actually make, and less adept at making systemic cases whose prosecution would cost tens of millions of dollars and seize up operations at intelligence services that actually do need to function, for instance to curb proliferation of nuclear weapons.
Reasonable people can OBVIOUSLY disagree on this point, but I do not perceive Barack Obama as someone who is sanguine about torture.
There's a pretty clear - and abhorrent power imbalance at play, here.