The gist of this long, but goo read is that we should keep up the pressure on Obama to address the crimes of the Bush era, but be patient about it as well.
Look at it as Kant might have done: do we want Presidents committing themselves to siccing prosecutors on previous administrations as a matter of habit? In four years every administration commits a sheaf offenses against good taste, against the English language and, yes, against the legal code of the United States. A determined prosecutor will inevitably find a nut. For that reason, even taking into account the obvious and undeniable crimes that we already know about, Obama will serve the country better if he begins with a skeptical position, one might call it conservative, and lets official fact-finding and public pressure move him in the right direction.