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Frankly, this isn't surprising to me.
First of all, if Obama wins, he'll inherit a country with any number of problems. If he wants to solve them, going after the many transgressions of the Bush Administration will divide his time - and we know the Republicans will go nuclear if he tries.
Secondly, buying himself time plays to the advantage of prosecution. If after several years things are going well, we'll also have several years of more and more coming to light. Then in a later first administration or second administration, enough momentum will have built for prosecution - and a chance for Republicans to get on board.
Third, and perhaps most importantly, it gives time for more and more buy-in from the American people and groups.
I'd love to see the right thing be done. But this is a case of picking priorities, unfortunately.
I do think one thing that may come out of this is that some higher level Bush Administration officials will basically be thrown under the bus as scapegoats - by the Republicans.
