Editorial from the Wall Street Journal:
Mark down the date. Tuesday, April 21, 2009, is the moment that any chance of a new era of bipartisan respect in Washington ended. By inviting the prosecution of Bush officials for their antiterror legal advice, President Obama has injected a poison into our politics that he and the country will live to regret.......
Mr. Obama may think he can soar above all of this, but he'll soon learn otherwise. The Beltway's political energy will focus more on the spectacle of revenge, and less on his agenda. The CIA will have its reputation smeared, and its agents second-guessing themselves. And if there is another terror attack against Americans, Mr. Obama will have set himself up for the argument that his campaign against the Bush policies is partly to blame.
Above all, the exercise will only embitter Republicans, including the moderates and national-security hawks Mr. Obama may need in the next four years. As patriotic officials who acted in good faith are indicted, smeared, impeached from judgeships or stripped of their academic tenure, the partisan anger and backlash will grow. And speaking of which, when will the GOP Members of Congress begin to denounce this partisan scapegoating?.....
Mr. Obama is more popular than his policies, due in part to his personal charm and his seeming goodwill. By indulging his party's desire to criminalize policy advice, he has unleashed furies that will haunt his Presidency.
To read the rest click on the title for a link.
Further, as David Frum notes, the criminalization of policy differences can go both ways:
Obama is musing about extending the political reach of the criminal law. If he does so, he will find he has opened a new front of political warfare that will not soon end.( Me....ie Criminal Negligence)
After the 9/11 attacks, President Bush drew a curtain of oblivion against all the errors and mistakes that had led up to the attacks. There was accusation and counter-accusation in the media, but at the official level there was no recrimination against President Clinton's decision not to kill bin Laden when he had the chance, no action against those who had failed to stop the 9/11 hijackers from entering the country.
If Obama proceeds to take legal action against those who did what they thought was right to defend the country, all that will change. Prosecutions launched by Obama will not stop when Obama declares "game over." If overzealousness under Bush becomes a crime under Obama, underzealousness under Obama will become a crime under the next Republican president.