It is unlikely, but possible, that the new administration would in the first week expressly prohibit some interrogation techniques or refer to new legal parameters for the CIA program.
In his administration, Obama has tapped some fierce critics of the Bush administration's handling of the legal war on terror.
Indiana University law professor Dawn Johnsen, who is slated to take over the Office of Legal Counsel, which is charged with giving legal advice to the president, has publicly eviscerated the efforts of John Yoo, who worked for the OLC in the Bush administration and wrote the infamous 2002 memo that laid out the administration's legal position on torture.
"The shockingly flawed content of this memo, the deficient processes that led to its issuance, the horrific acts it encouraged, the fact that it was kept secret for years and that the Bush administration continues to withhold other memos like it -- all demand our outrage," Johnsen wrote in Slate magazine.
Georgetown University Law Center professor Neal Katyal is set to become the principal deputy solicitor general. It was Katyal who served as chief counsel to Salim Hamdan in the landmark Supreme Court case that overturned the Bush administration's early attempts at military commissions.
Marty Lederman, also a Georgetown Law School professor, is reportedly joining Johnsen at the OLC. Lederman has spent years criticizing the Bush administration's legal war on terror and titled one of his posts, "Yes, It's a No-Brainer: Waterboarding Is Torture."
ABC News' Luis Martinez contributed to this report.