Lindsey Graham spent much of the torture hearing trying to find a narrow ground from which he could condemn torture, yet prevent anyone from being held accountable for torture. But in an effort to admit past problems at Gitmo, he named names. One name–that of Dick Cheney.
My goal is to have a process, Mr. Zelikow, that would allow us as a nation to hold our head up high and say, "no one is in jail at Guantanamo Bay because Dick Cheney said so. The only people that are in jail at Guantanamo Bay are there because the evidence presented to an independent judiciary by our military passed muster with the judicial system–they’re there because they’re a military threat." And that when we try these people, they’re tried not because we hate them, but because of what they did.
I guess the presidential determination that someone is an enemy combatant is another of those presidential-level decisions that Dick Cheney made in lieu of the actual President.