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Strong post, but I'm not sure it's as cut and dry as you make it. Lets not forget Joe Biden in September:
Mr Biden said at an event in Deerfield Beach, Florida: “If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued, not out of vengeance, not out of retribution, out of the need to preserve the notion that no one, no attorney general, no president - no one is above the law."
His statement is the strongest indication yet that an Obama administartion might seek legal redress against the President George W. Bush. It could undermine Mr Obama’s message of bipartisanship and moving beyond the battles over Iraq.
In April, Mr Obama struck a similar note when he promised that he would ask his attorney general to review the Bush administration’s decisions to differentiate between "genuine crimes" and "really bad policies".
http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/2680908/Barack-Obama-would-consider-criminal-charges-against-Bush-administration-over-Guantanamo-Bay.html
Lets hope our new A.G. can be inspired to pursue the Constitution, and not these ridiculous notions of maintaining this above-the-law aristocracy that the Sober Serious crowd loves to opine on.