The buzz is growing over whether the incoming administration and the Democratic congress should investigate and prosecute members of the Bush administration for the abuses of power, violations of the Geneva Conventions and other related violations during the course of the Bush tenure.
President Elect Obama, understandably does not want this to be a distraction from what he considers the more immediate and urgent economic issues faced by the nation. Further, there is a large group of Democratic party leaders and opinion makers who see this as a losing proposition.
On the other hand, a powerful case is presented by many constitutional scholars that the abuses of the last 8 years are so flagrant and serious that not taking action would be tantamount to condoning the behavior, sentencing us to relive the outrage the next time that a similarly inclined politician assumes power. The most compelling spokesman for this position is GW Scholar and professor Jonathan Turley. Turley takes a hardline but is highly credible on the issue (he supported the impeachment of Clinton for perjury, but opposed ousting him from the Presidency).
A less onerous approach to addressing the issues might be to have our own version of a Truth and Reconcilliation commission. For those unfamiliar with the term or its associated process, generally a Truth and Reconcilliation process calls forward those who have violated the tenants over which the panel has jurisdiction. The requirment of full immunity from prosecution is that the individual acknowledge their transgression and ask for the forgiveness of the nation.
Its unlikely that hard-liners like Turley would accept the quasi-judicial approach of a truth and reconcilliation panel, but many of his concerns would at least be addressed by such a panel and those who - like myself - would like to see some accountability but without the bloodletting associated with prosecution of these individuals. It would be a way to send a clear message to future administrations that these behaviors are not without consequences entirely.
The economic meltdown deserves the full attention of President Obama, but there's no reason that the House or Senate can't strike a blow for the constitution by calling some of those who committed the most egregious violations to task for their sins.
At the very least, lets acknowledge that under the best of circumstances there should have been some accountability while Bush and Cheney were in office. In the words of one Republican friend of mine, " call them war criminals and move on".
"Smith Covered Bridge"
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