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In the immortal words of Vichy Nancy Pelosi, the "mandate" of the 2008 election was for the new president "to govern from the middle." This is like a victorious general, after defeating the enemy, declaring to that enemy: "Do not worry. We will govern in tandem with equal regard for each other's views."
What Obama is doing in drawing upon John Brennan and Jami Miscik to shape his intelligence team/policy is declaring, once again for those willing to listen, that the change he is bringing is superficial. The warrantless massive and illegal surveillance is A-OK, the phony and murderous excuses for immoral and unjust wars are peachy keen, and the "war on terror" is just fine with some tweaking here and there.
Will we let the war criminals and those who have so blatantly and egregiously flout the rule of law walk away without being prosecuted? If we do - if Obama is allowed to do this too - then any future occupant of the White House (or any other office for that matter) can state with a straight face that "Bush and Cheney did it, so why can't I?"
"Obama: No War Crimes Charges for the War Criminals" at http://www.worldcantwait.net/index.php?option=com_content&task=view&id=5168&Itemid=289