I cant really agree with either of you. Killing poor people because they were born in the wrong part of the world is EVIL. Kidnapping, torturing and, in some cases, killing people because they share the same name/alias(in that a guys alias is actually their name)/religion/sold to by tribal rivals is EVIL.
Both acts are disgusting.
To be clear, the Bush torture program found some random low ranking lawyer to sign off, but we haven't seen reports that his attorneys general, office of legal counsel and [major governing agency] disagreed. To equate this asinine legal opinion to Bush we would have to go to the domestic spying program.
This illegal wiretap program had the counsel of the FBI, OLC and the attorneys general saying that its incredibly illegal. You know, the program that Ashcroft refused to sign off on and was visited in a hospital room and refused to sign? The one that Bush modified to get Ashcroft to sign off on, that the NYT sat on until the end of the election, and that even after being modified(so that Ashcroft would signoff on)was still illegal.
Like Bush's unmodified wiretap program, Obama had his OLC, Pentagon Legal Counsel and (as the NYT buries on A6 in the second to last paragraph of a 21 paragraph article) the Attorneys General.
tl;dr Both obscene decisions come at the objection of the Attorneys General;OLC and [major governing agency],