ummmm, on what grounds
And he was talking about a U.S. prosecution, not a "war crimes" prosecution, which would presumably be brought by an international tribunal (all such "war crimes" iirc have always been before international tribunals).
And if they want to play this way, then fine, let's all start making witness lists and just go after everybody in open court. Starting with Nancy Pelosi and Henry Waxman, just on general principles. I'm sure they've done something, don't you think? </sarc>