isn't he breaking the law by not prosecuting those who perpetrated war crimes?

“The Obama administration opposes any effort to prosecute those in the Justice Department who drafted legal memos authorizing harsh interrogations at secret CIA prisons, White House chief of staff Rahm Emanuel said yesterday.” Speaking with George Stephanopolous on ABC’s “This Week,” Emanuel said, “But those who devised the policies…should not be prosecuted either.”

(Think Progress)