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I have noticed already that any hearing regarding the actions of the Bush Administration with respect to executive authority, torture of detainees, Guantanamo Bay, or the conduct of the Iraq invasion and occupation, is portrayed by the Republican parties and some of the media as partisan theatrics. The Democrats have not responded to that charge with a message that is clear and effective: "This is about establishing facts and pursuing justice."
Barack Obama is a professional politician of the Democratic Party, and given the Democratic Party's unwillingness to dig in its heels and make a stand for justice, I doubt an Obama Administration would pursue legal action against Bush Administration officials in a first or second term. There will always be electoral politics, and the Democratic Party's pathological fear of Republican criticism will stay the hand the justice.