I happened to be watching that on C-Span when he said it. He was responding to a question which was whether an Obama administration would pursue criminal charges against the Bush administration. His answer was Yes. Period, full stop. Then he went on to explain how it would be done, along with Waxman and Leahy who are already, as he explained, gathering evidence and preparing the ground.
I thought it was pretty striking when I watched it - first press mention I have seen of it.
In Mr. Bush's shoes I would take it as a threat to railroad him into jail. And all Republicans along with him.In what I hope is the unlikely event that Obama/Biden win election, I would recommend that Bush shred all dossiers (the infamous FBI files) held by the government for personnel purposes. And I would recommend that President Bush issue a blanket pardon to every man jack of his administration, and to himself as well.
And to save you the burden of listening to too much of Joe Biden, the question starts at 49:35