During the previous eight years America has witnessed multiple criminal acts conducted by the highest officials of the Executive branch. Dick Cheney just admitted on national teevee that he was involved in the approval of waterboarding detainees. Waterboarding has been considered torture since the Spanish Inquisition.
President Bush said FISA, the Foreign Intelligence Surveillance Act, "didn't work" so he authorized an eavesdropping program outside the bounds of FISA, which is the controlling legislation for government wiretapping.
His program was so at odds with the law, several high ranking DOJ officials threatened to quit. Bush acquiesed and modified the program somewhat.
These statements are not in dispute. What is in dispute is what, if anything will be done about it.
This should be a priority for the new Department of Justice. The politicians should step out of the way and let justice be done. Courts deal with "state secrets" regularly so that should not be a concern. What is a concern are those people who think they are above the law.
Put me down firmly in the category of prosecutions. I think it will be Democracy's finest hour.