Much as the outraged left would like to see Bush and Cheney get their comeuppance, it's just not in the cards. The Dems don't want to appear vindictive and mean-spirited. Furthermore they don't have the votes in the senate to convict and impeaching without removal would turn into the type of farce that happened with Clinton.

I'd like to propose a new approach. Assuming the Dems take the presidency in 2008 and keep their majorities in congress, then they should be able to pass a sense of congress resolution.

This would layout the specific unconstitutional actions taken by Bush and censure him for these violations. There would be a sense that the deeds were not unpunished, and, in addition, the faults would be clearly laid out for all to see in perpetuity. No whitewashing history as has happened with Ford and Reagan.

Congress would then need to take steps to reverse the most outrageous violations such as the NSA wiretaps and the violations of habeas corpus.