If you don't prosecute crimes as crimes, they are legal.
Bush Administration officials are war criminals and need to be prosecuted.
So, Obama, how is that going? Oh what's that? You're just going to be looking to the future? What about the future where somebody else who is president waterboards and indefinitely detains you based on the legal precedent you set by not prosecuting?
And how is that whole "assassinating US citizens" thing going?