“I [Ralph Nader] asked Bruce Fein, an associate deputy attorney general under Ronald Reagan, constitutional rights litigator, author of books and articles and many Congressional testimonies on the imperial presidency, and its unlawful penchant for Empire, for his reaction. Here is his response:

‘Former President Bush’s selective memoir is a little like Hamlet without the Prince of Denmark. With the exception of authorizing waterboarding, a form of torture, Bush neglects his serial vandalizing of the Constitution and the federal criminal code: five years of illegal surveillances of Americans on American soil; a war against Iraq without proper authorization by Congress; illegal detentions of enemy combatants without accusation or trials; hundred of unconstitutional signing statements professing an intent to refuse to faithfully execute the laws; unconstitutional defiance of congressional subpoenas; and, employing unilateral executive agreements to circumvent the treaty authority of the Senate over military commitments.”

‘Despite his constitutional literacy, President Obama has balked at faithful execution of the laws against torture, warrantless spying on Americans, or obstruction of justice perpetrated by Bush and his servile minions. On that score, Obama resembles President Nixon, who was impeached by the House Judiciary Committee and forced to resign for sneering at his constitutional obligation to enforce, not ignore the laws.

‘If Obama believes exculpatory circumstances justify non-prosecution of Bush-Cheney,” Fein continued, “then he should pardon them as authorized by the Constitution. A pardon must be accepted by the recipient to be effective, and acknowledges guilt and the inviolability of the rule of law. Ignoring lawlessness at the highest levels like Obama wounds the rule of law, and creates a precedent that lies around like a loaded weapon ready to destroy the Constitution. Obama himself is thus violating his oath of office by nonfeasance.’ “
— From “Bush At Large,” by Ralph Nader, CommonDreams.org, Nov.16, 2010.

Of course, the unconscionably hypocritical Republicans won’t demand Bush and Cheney be prosecuted, but they will use this as a basis to impeach Obama and AG Eric Holder for failing to prosecute them – that’s just how crass and despicable they are – and it’s really the only thing they have on Obama.

Think it’s unlikely? Remember, in the mid-90s when the GOP went after Bill Clinton for having an extramarital affair, the charge was initially spearheaded by Republican adulterers Newt Gingrich, Bob Livingston and Henry Hyde.