In April 2008, Attytood asked Senator Obama if he as President would hold former Bush administration officials accountable by seeking prosecution for crimes committed. Obama promised that he would review the information to determine whether an investigation was required; and, if officials knowingly violated existing laws, Obama indicated that he would pursue prosecution.
Based upon Obama’s standard, there should be an investigation and potential criminal prosecution of Bush and other officials for knowingly violating FISA. Bush has admitted publicly that he did not comply with FISA, which is a criminal offense.
However, the FISA bill pending before the Senate may take this putative prosecution off the table by providing immunity to Bush while codifying his unitary executive theory. In order for President Obama to keep his word that he would hold Bush officials accountable for clear, knowing criminal violations, Senator Obama needs to stop this FISA bill, or at least provide amendments which clearly eliminate any colorable argument of immunity for Bush.