Obama, Bush and Torture

This past week I've come across several news articles about President Obama and his decisions on releasing torture memos to the public that were used by the Bush administration and even more recently that Obama will not prosecute any CIA people who have participated in acts of torture that have violated the War Crimes Act of 96. Also, he states that his administration will not use torture. Apparently, he will not reprimand those who have committed acts of torture because they were simply following orders and or the law. I think that while Obama may accept that torture is immoral by stating not to use it in his administration (although he also says that all future presidents may use it despite what the law says), he also understands that those who have committed these crimes were not fully trained in their understanding of their acts (something Scarry would state). What do you think Foucault or Scarry would say about this?

http://www.whitehouse.gov/the_press_office/Statement-of-President-Barack-Obama-on-Release-of-OLC-Memos/