If, like me, you've been following America's torture policies not just for the last few years, but for decades, you can't help but experience that eerie feeling of déjà vu these days. With the departure of George W. Bush and Dick Cheney from Washington and the arrival of Barack Obama, it may just be back to the future when it comes to torture policy, a turn away from a dark, do-it-yourself ethos and a return to the outsourcing of torture that went on, with the support of both Democrats and Republicans, in the Cold War years.

Like Chile after the regime of General Augusto Pinochet or the Philippines after the dictatorship of Ferdinand Marcos, Washington after Bush is now trapped in the painful politics of impunity. Unlike anything our allies have experienced, however, for Washington, and so for the rest of us, this may prove a political crisis without end or exit.

Despite dozens of official inquiries in the five years since the Abu Ghraib photos first exposed our abuse of Iraqi detainees, the torture scandal continues to spread like a virus, infecting all who touch it, including now Obama himself. By embracing a specific methodology of torture, covertly developed by the CIA over decades using countless millions of taxpayer dollars and graphically revealed in those Iraqi prison photos, we have condemned ourselves to retreat from whatever promises might be made to end this sort of abuse and are instead already returning to a bipartisan consensus that made torture America's secret weapon throughout the Cold War.

Despite the 24 version of events, the Bush administration did not simply authorize traditional, bare-knuckle torture. What it did do was develop to new heights the world's most advanced form of psychological torture, while quickly recognizing the legal dangers in doing so. Even in the desperate days right after 9/11, the White House and Justice Department lawyers who presided over the Bush administration's new torture program were remarkably punctilious about cloaking their decisions in legalisms designed to preempt later prosecution.