It Comes With the Job Description.

There has been much discussion regarding whether President-Elect Obama should or must authorize and initiate investigations and prosecution of illegal actions by President Bush and his Administration. All sorts of political dissembling have been advanced about “moving on” and letting bygones be bygones. Others argue that such investigations would be an unwelcome distraction when the nation faces a great deal of work simply to recover from the economic devastation wrought by unwise policies and unethical mismanagement by Bush officials. None of these arguments seem to carry as much weight as some more basic imperatives that, quite simply, cannot be avoided as part of the job Obama undertakes as he takes an oath of office.

Former Congressional Representative and former federal prosecutor from New York, Elizabeth Holtzman articulates perhaps the most compelling obligation in an article published in The Nation magazine:

There is another important reason for not "moving on." On January 20, Barack Obama will take an oath of office to uphold the Constitution, which requires the president to "take care that the laws be faithfully executed." Much as President Obama might like to avoid controversy arising from investigations and prosecutions of high-level Bush administration officials, he cannot let them get away with breaking the law without violating his oath. His obligation to pursue justice in these cases is all the more serious given his acknowledgment that waterboarding is torture-which is a federal crime-and the vice president's recent admission of his involvement in and approval of "enhanced" interrogation techniques.
Moreover, under the Geneva Conventions and the Convention Against Torture, our government is obliged to bring to justice those who have violated the conventions. Although Bush smugly ignored his constitutional duty to enforce treaty obligations and laws that punish detainee mistreatment, Obama cannot follow the same lawless path.

Simply put, Obama swears to uphold the law and faithfully prosecute the laws of the United States. Where there is manifest probable cause and documented evidence of such violations, failure to investigate and to prosecute based upon strong evidence would be a dereliction of his Constitutional duty as chief law enforcement officer of the land. The recent Cheney public admission of authorizing measures that constitute torture, and the numerous other flagrant examples of obstruction of justice [including but not limited to concealing millions of e-mails that the law requires be preserved and held for public archives simply to impede court proceedings investigating corruption in the Justice Department] clearly constitute probable cause, if not veritable "smoking gun" evidence of criminality.

Holtzman goes on to argue that there are many reasons why this public responsibility should be honored, including the prospect that ignoring the violations will certainly encourage disregard for the laws and disrespect for law enforcement in the future. We are well aware that the notion of an “Imperial Presidency” was harbored in the breast of Cheney following the demise of his mentor, Richard Nixon. He clearly waited for the opportunity to advance the doctrine at a later time. It can be forcefully argued that fuller prosecution of the Nixon Administration, instead of the pardon, would have established the fallacy and illegality of that doctrine.
Moreover, the disregard – contempt even – for the public interest shown by Bush cronies and bank officials regarding the use of public bailout funds suggests a widespread belief in impunity for the rich and well connected, while the rest of the public is bound to comply with laws relating to unethical and illegal conduct. Only a thorough investigation of the misconduct, followed by appropriate prosecution for crimes when evidence suggests that prosecution is warranted, will break the spell of corruption and change the mindset that the US Government leadership is irretrievably corrupt.

The ability to truly “move on” in terms of implementing measures that will require huge sacrifice on the part of US citizens demands that some measure of faith be reestablished in the White House and its inhabitants. That process must begin with a Chief Executive who places high value in the oath of office that he takes to uphold and defend the Constitution and the rights that it guarantees to the citizens of the United States. Beyond this, the new President must show the world that there is a “new sheriff in town” and that past corruption and lawlessness will no longer be tolerated. Such bold steps are essential to reestablishing the belief of the world that the USA can still represent and stand up for the ideals and values embodied in its founding declarations. Otherwise, it is all just so much empty rhetoric. It is a tough course to follow, but it comes with the job description.