Gude also noted that some of the Republican senators pressing for more information from the Obama administration were less concerned with public legal justifications from the Bush administration.
"You can read some politics into that," he says.
But Gude says the memo won't likely change any public policy moving forward.
"I am skeptical that we'll see a big change in policy, either from the Obama administration or from Congress," he says. "I think they'll be a lot of noise about this, particularly around confirmation hearings that are coming up, but probably that will die down in the coming weeks and we'll go back to the situation as it was before."