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They also know that if they're ever tried under due legal process, instead of some wacky-land authoritarian S&M declaration of enemy-osity, this inconvenient fact will go into the public record, and they will be so busted that not even Obama is going to be able to say 'No, let's just leave them be.'
All that is missing (as has been for the last few years) is for Congress to do it.
The Fates are kind.
There has been an unfortunate history of American administrations committing crimes against humanity and walking away with barely a slap on the wrist. The truth and reconciliation committees worked in part because there was a very real threat that those involved would have been tried and convicted and lived out the rest of their lives in prison. I don't believe that anyone in the Bush regime believes that this is a realistic option when it comes to their crimes, so prosecuting a few of the end-of-level bad guys would show the rest of the gang that you mean business.
Actually prosecuting some of the bushies and putting them behind bars for a very long time would also demonstrate to the rest of the world that there are limits to the atrocities that US administrations can wreak with impunity. I should not think that I need to stress the effect this would have on the image and soft power of the US.
Friends come and go. Enemies accumulate.
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