Posted by AzBlueMeanie:

President Barack Obama is a fellow constitutional law attorney. During the campaign Obama promised to restore our constitutional principles and the rule of law which was abused and denigrated during the Bush-Cheney administration. Obama promised that he would hold accountable anyone who had engaged in unlawful conduct. It was the principal reason that I voted for him.

But that was then, and this is now.

President Obama, like other presidents before him, has made the politically pragmatic decision not to pursue prosecution of crimes committed by the previous administration, specifically the crime of torture — a war crime, for which members of the previous administration may be culpable. Statement of President Barack Obama on Release of OLC Memos

This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. Our national greatness is embedded in America's ability to right its course in concert with our core values, and to move forward with confidence. That is why we must resist the forces that divide us, and instead come together on behalf of our common future.

The United States is a nation of laws. My Administration will always act in accordance with those laws, and with an unshakeable commitment to our ideals. That is why we have released these memos, and that is why we have taken steps to ensure that the actions described within them never take place again.

Obama correctly understands the consequences to his administration for investigating and prosecuting the previous administration for its unlawful conduct: the hardening of partisan opposition to his agenda to move the country forward, and an invitation to retaliatory accusations of criminal misconduct by his administration from Republicans in Congress (remember the numerous "scandals" Republicans investigated against Bill Clinton, only one of which – lying in a deposition – was ever established). There was a time in this country when both political parties would work in concert together to enforce the rule of law, without regard to partisanship. No more.

An investigation would also cause a "chilling effect" and invite opposition from within the Intelligence agencies which were decimated under President Bush. Obama knows that he needs to rebuild the Intelligence agencies, and trust in him.

I understand the political calculations. But Mr. President, you are wrong. When you say that "the United States is a nation of laws," it is more than mere words, you have a constitutional duty to enforce the laws. This duty is not discretionary, nor can it simply be disregarded for political expediency when enforcement of the law involves the unlawful conduct of members of the previous administration. You have a solemn duty "to faithfully execute the Office of President of the United States, and … to the best of [your] ability, preserve, protect and defend the Constitution of the United States." That is what I expect from you. Political consequences to your administration should not weigh in your decision.

Yes, other presidents have made this same political calculation. But you promised the American people that you would be different from other presidents. More importantly, the Bush-Cheney administration was an abberation, a radical departure from all previous administrations. Its flagrant abuses of the Constitution and the rule of law were systemic and pervasive. It established dangerous precedents that any future administration may cite as justification for future unlawful conduct, regardless of political party or persuasion, unless its unlawful conduct is thoroughly investigated and held to account in a court of law.

Richard Nixon's bold assertion that "when the president does it, that means it is not illegal" will de facto be true: the president of the United States alone will stand above the law, accountable to no one. The American Revolution against this tyrannical notion, derived from the "divine right of kings," will have been completely reversed. Mr. President, the blood of generations of American patriots demands that justice be served.