Joe Stump passed along this article on a White House memo from January 2002:
In it, top White House lawyer to the president Alberto Gonzales warned that the handling of prisoners could cause the White House staff itself to be indicted for war crimes under a 1996 U.S. law which removed protective barriers. It also warned that methods being used to interrogate prisoners and detainees would indeed violate Geneva Conventions and complicity from the White House would allow an international tribunal to indict George Bush himself. Newsweek has the full story in:
Noting that the law applies to “U.S. officials” and that punishments for violators “include the death penalty,” Gonzales told Bush that “it was difficult to predict with confidence” how Justice Department prosecutors might apply the law in the future.
“The implication was that a new president would come into office and start potential prosecutions of a bunch of ex-Bush officials,”