Holder and Obama are going to use this opportunity to put the Bush administration on trial. They will sign onto the war crimes tribunals in the Hague and Bush and Cheney will be prosecuted as war criminals. That's the goal of these trials in NY.
Highly doubt Bush/Cheney get charged with anything... other than LYING A LOT... But "lying to the people" is not a crime (though lying to the government IS!) Obama wants to put Bush et al on trial to remind us what shits they were and to deflect our attenation away from what TOTAL SHITS THE OBAMA DICTATOR IS.. just before the election.