Looks like that's what happened: the White House now appears to be walking back Rahm's comments. The New York Times reports today:
[A]dministration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale.
In other words, Rahm slipped up.
We're glad the White House has walked back that position -- amid what seems to be mounting pressure to hold Bush officials fully accountable (more on that in a bit). But if nothing else, the episode may provide an interesting window into the White House chief of staff' personal views on the issue.