The Volokh Conspiracy - Bush Not to Offer Executive Clemency to Loyal Bushies?:
No one is claiming immunity from scrutiny, but the Dems would be well advised to think twice. The points of law are highly debatable (e.g. the exact definition of torture) and/or highly technical (e.g. various overlapping statutes, treaties, executive orders). The alleged infractions were all committed in the performance of the executive branch's most important responsibility. (How hard is it to get a conviction of a cop even in a clear violation of the law in the line of duty.) Just a data point to consider, the Republicans brought a clear cut legal case of an alleged violation with no public purpose against President Clinton. The chief proponents of that prosecution were as convinced of the justice of their cause and its importance to the health of the republic as those who want to see Bush, et. al. prosecuted. How did that work out for them?