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You assume that by being reticent here, Obama will get a break from Republicans elsewhere, or risk being taken on by Democrats who think he'd be spending too much time on revenge. Republicans will show him no quarter, anywhere, period. They will not reward his holding back with cooperation. They will see it as a sign of weakness, and become ever more intransigent and uncooperative.
I don't see prosecution as revenge, but bringing criminals to justice. We are not talking about Karl Rove's or Alberto Gonzales' brand of justice here. I am talking about why a country has law enforcement in the first place, and not to spy on political dissenters wherever they may lurk, or remove political adversaries by malicious or false prosecution. I am talking about bringing to justice those who used malicious and/or false prosecution in the first place. I do not see a middle ground between condemnation and collaboration here. It is not passive to say, "oh well." That in this case is not passive condemnation. There is no such thing. Either what they did was wrong and must be publicly castigated as such, or it was tolerable, and thus acceptable behavior for the next round, if and when they get back to power. That would say that any means to get there is now OK, there now being ample judicial precedent for letting it happen.
Besides, this is something Obama can (and should) not instigate on his own, but delegate to an activist Justice Department, who can leave Obama to address issues that do require his political capital, such as foreign affairs, health and the economic crisis. As the Justice Department is not heavily involved in any of those three issues, I submit that they do need to look at gross violations of laws by the previous administration. I don't mean issuing a summons for every time Rove ran a red light on Wisconsin Avenue, but for grave constitutional violations as well as criminal activities that would include the outright theft of billions of OUR money, yeah, I say go get 'em. Even some of Nixon's gang was pursued under the Ford administration after Nixon left in disgrace. Nixon's Attorney General spent some time in jail. By what new laws on the books should Gonzales, Cheney or Rove be treated with greater leniency? I see nothing in common sense or political savvy that dictates that they should.
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