It reported on Obama’s opposition to investigations into Bush crimes of torture and warrantless eavesdropping - opposition revealed only after he was safely elected - and it explained that “because every President eventually leaves office, incoming chief executives have an incentive to quash investigations into their predecessor’s tenure.” As I wrote in the book about this article: “In other words, by letting criminal bygones be bygones within the executive branch, presidents uphold a gentleman’s agreement to shield either other from accountability for any crimes they might want to commit in office.”

It’s the same reason that media elites and others are so opposed to these investigations as well: elites obviously benefit from elite immunity, and so have an interest in not subverting it when other elites commit crimes. I have no doubt that part of Obama’s reluctance was political - a belief that applying the rule of law to Bush, Cheney and others would create political turbulence for him - but a significant motivating factor was undoubtedly the desire not to have his own actions investigated once he leaves office if the GOP controls the Executive Branch (and, thus, the Justice Department).

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