When you look at the big issues post-9/11 in the United States, whether it's water boarding, warantless wire tapping, surveillance, Gitmo, black sites rendition, all of those have been legal. Nobody has gone to jail for those programs.
The New York Times, vol. CLXIX (169), no. 58,674 (Saturday, April 25, 2020): "3 States Ease Limits to a Public That's Still Wary" (front section only) (Covid-19 coronavirus pandemic headlines)