Nutty,
One thing Politicians say is they shall walk a straight line on such issues but we know the Truth is those currently in power don't want to actually do anything to the last bunch to sit in their Chairs as what goes around comes around.
You notice Mr. Obama is staying well away from any prosecution of perceived wrong doing in this CIA EIT Program (and anything else that has cropped up in his own Administration).
Just as strained as the EIT Legal Finding was for the DOJ, so is the current DOJ Legal Finding that allowed the killing of US Citizens by Drone Strikes without any legal attention to Judicial proceedings and our Constitutional Right to Due Process.
You can bet Mr. Obama is never going to allow any prosecution of Bush Administration Officials because he damn sure does not want that same precedent applied to Him and His.