From the article:

"Senator Dianne Feinstein, a California Democrat and chairwoman of the Intelligence Committee, wrote Mr. Obama asking him not to rule out prosecutions until her panel completed an investigation over the next six to eight months."

Except that Feinstein is deep into all things illegal and un-Constitutional, having backed the worst of Bush's initiatives. I expect a whitewash.

Could be found under the carpet when the next puppet takes over in 7 years. If action gets too close, a stunt will be pulled to distract.

Hell yes they should investigate. To fail to do so would be equivalent to not investigating allegations of spousal abuse on the theory that the abuser has moved out of the house.

or the execution of the Nuremberg war-criminals would now be murder if following orders is a legitimate defence.

Winner's justice doesn't sound so good when you don't win jack $#@!