If Clinton had not been President, Im very confident he would have been prosecuted for numerous allegations, which I have documented on the Downside Legacy.
I dont think there is any hope he will ever be prosecuted for what was done in Arkansas or for the above evidently fraudulent activity. That does not however mean it will not be dealt with.
IMHO, as soon as Gore gave up on the recount - the intelligence community was at work putting Clinton in a box. His aspirations of a super fancy office were dashed. He lost credibility and confidence with the money and power brokers as details of his pardons (esp Rich) were leaked to the press. He has been scratching and clawing for any relevance to this day.
In his worldview that may be a fate worse than death. And the same type of thing may await Hillary if she strays from the purely political arena.
IMHO, rogue Presidents must be contained in this way because of foreign policy (prestige) national security and public confidence - the public is too nervous. In other words, I predict that if the intelligence community uncovers hard evidence of treason at the highest levels of government, there would not be a defendant to put on trial.
The remark "Don't give Dubya a power you wouldn't want to see President Kerry have" is very important. Thats why I personally would like to see invasive, emergency powers to fight terror have a built-in sunset date with recourse.