Naysayers to the prosecution of Bush and others from the executive branch argue that it is not uncommon for Presidents to break the law and that prosecuting the President fuels a vindictive partisan retaliation unbeneficial to the progress of the next administration. However, Horton argues that the collective attitude of disregard by the Bush Administration of criminal law requires investigation.
While President Bush might be able to issue a pardon to himself and others, it does not free him from prosecution as the nature of war crimes is international. Horton suggests that the Department of Justice is too entangled with these crimes and the Attorney General must appoint an independent commission of inquiry with authority to claim the withheld documents and subpoena testimony from the witnesses. In this way, the new administration may avoid the semblance and deed of a politically motivated prosecution. A strategic sequencing of investigation and exposure of evidence must be made to build public support.