They (Bush and Cheney) should have been indicted. They absolutely should have been indicted for torturing, for spying, for arresting without warrants. I'd like to say they should be indicted for lying but believe it or not, unless you're under oath, lying is not a crime. At least not an indictable crime. It's a moral crime.It was probably some "blame-Amurika-first lib'rul", huh?
It was Judge Andrew Napolitano, he of Fox News.
He was interviewed by Ralph Nader on C-Span discussing his book, Lies The Government Told You, when the topic of habeas corpus came up, leading to the above quotation.
As for the evidence for such crimes, Napolitano says:
The evidence in this book and in others, our colleague the great Vincent Bugliosi has amassed an incredible amount of evidence. The purpose of this book was not to amass that evidence but I do discuss it, is overwhelming when you compare it to the level of evidence required for a normal indictment that George W. Bush as President and Dick Cheney as Vice President participated in criminal conspiracies to violate the federal law and the guaranteed civil liberties of hundreds, maybe thousands of human beings. [emphasis added]Judge Andrew Napolitano, Fox Legal Analyst.