Reply #9: I see more.

[Mechatanketra]

The game may be lost before it begins.

Democrats start investigations.
Republicans stonewall.
Democrats issue subpoenas.
Republicans ignore them, and cite "executive privelege".
Democrats take it to court.
Republicans appeal it until it gets to the Supreme Court.
If the Supreme Court backs Bush, end of story. Rinse, lather, repeat for each future issue.

The problem here was that the time for the Democrats to "do something" was when Bush was appointing justices. (After all, we spent like 4 years listening to people assure us the Democrats were "biding their time" for that.) Right now, Bush has a rock-solid foursome on the bench, so basically the fate of the country lies on the strength of Justice Kennedy's conscience. And while Kennedy has been sending out an "old man trying to get into heaven" vibe recently ... I'm not counting chickens.