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I think we'll have to be patient about the very real possibility that Bush admins will be prosecuted for war crimes. We are anxious for it to happen right now, and the panic manifested by the RW shills (especially bolstered recently by Ann Coulter's parroting the fallacious "Bush kept us safe for the past 8 years", which wasn't 8 years if you count 9/11) seems to reveal that they are nervous about it.
We really don't know what Obama will do until he does it. I wouldn't be so quick to assume anything yet.
I just wish someone would ask "HOW?" when the newest parrot defense is "He kept us safe." I wish someone would knock that strawman down. Nobody in MSM seems to have the guts, not even Maddow.