For several years now, there have been strident calls from the Left to prosecute officials of the Bush administration as war criminals. President-elect Obama has said that if crimes were committed, they need to be investigated but at the same time, he does not want his first term to be one seen as a partisan witch hunt against Republicans. This is certainly understandable and a focus on the legacy of the Bush administration’s shredding of the Constitution and its’ unilateral prosecution of its’ “war on terror” would detract from the arguably urgent necessity of resuscitating the economy. Still, justice and the rule of law demand an investigation into the abuses of the Bush administration. Scott Horton’s article, Justice after Bush: prosecuting an outlaw administration, in the December issue of Harper’s Magazine provides an outline of how this process might unfold. I thought it was a thoughtful, practical assessment of both the problems involved and the possibilities of success. The last two sentences of the article may well prove prophetic: “[r]ight now, the administration looms large and justice seems distant. That perspective will change significantly with the passage of time.”