Should the new Obama Administration dig through all the dark ugliness of the Bush-Cheney years--torture, renditions, the destruction of evidence, etc.--and start prosecuting former Bush officials, including the veep? I appeared on MSNBC's Hardball with hawk-of-all-hawks Frank Gaffney Jr. to discuss the matter.

By the way, if you haven't seen Stephen Hayes piece in which Cheney grouses about Bush not pardoning Scooter Libby, check it out. The article is a hoot. I encourage Hayes, Cheney's sympathetic chronicler-in-chief, to fuel more feuding between this out-of-power couple.

I attended Robert Gibbs' first (and very crowded) White House briefing as press secretary and asked whether President Obama--when he earlier signed an executive order banning torture--had not used the phrase "war on terror" purposefully. (Instead, the new president had referred to the "ongoing struggle" against violence and terrorism.) To find out what Gibbs said, click here.

Many of the queries at the briefing were about that executive orders and another one setting a one-year deadline for closing Gitmo. Gibbs made no news explaining and defending those orders. There were several questions about Wall Street Bailout II, and Gibbs patiently repeated the Obama claim--which seems credible--that he will handle and disburse the bailout funds in a more effective and more transparent manner than the Bush crowd did last year.

There was only one question on Iraq, and nothing on Afghanistan. (Ann Compton of ABC News asked if the military commanders with whom Obama spoke the day before had expressed any "reservations or concerns" about his plan to pull out combat troops within 16 months. Gibbs essentially--and unsurprisingly--said no.) The most buzzy topic was the second swearing-in conducted at the White House the previous night. The press corps dwelled on that a bit much. And then every journo in the room started scribbling furiously when Gibbs disclosed that Obama will keep his BlackBerry, while only using it for limited communications with a limited n umber of senior--make that, very senior--aides. Thinking of those possible millions of missing Bush White House emails, I threw in a follow-up: will Obama's BlackBerry messages be preserved and archived in accordance with the laws governing presidential records. Yup, Gibbs said.

One of the more intriguing questions of the sessions concerned a standard White House procedure: background briefings. This happens when administration officials talk to a group of reporters about a particular issue, and the reporters can use the information provided, but only by citing unnamed White House aides. They cannot ID these officials. The practice is useful for reporters. They get more information. And it's often no big secret in Washington who the unnamed officials are, given that a bunch of journalists know. But in a White House led by a man who has pledged greater transparency, should background briefings be continued? One reporter asked:

George W. Bush gave his final speech to the nation on Thursday night. I skipped it to see my daughter, who has known no other president, perform with her school chorus. But when I later sat before my television to see how the speech was being punditized on the cable news shows, I was surprised. The water-landing of a US Airways flight in New York City dominated the coverage. There was little chatter--almost nothing--about Bush's farewell.

After watching the speech on the White House website, I understood why. It was flat and short. Bush said little of interest. He dwelled mostly on 9/11 and the so-called war on terror, once again (and for the last official time) characterizing the invasion of Iraq as part of his effort to take "the fight to the terrorists." He suggested that although the Iraq war was the subject of "legitimate debate," there "can be little debate about the results. America has gone more than seven years without another terrorist attack on our soil."

Was the nation's safety ensured because Bush invaded Iraq and did not finish the fight in Afghanistan? No doubt, he and his ever-dwindling band of defenders will continue to insist that it is so--just as a rooster might insist there is a connection between his crowing and the rising of the sun. And Bush defended himself for having been "willing to make the tough decisions"--as if making hard choices is the same as making wise ones.

AP reported on Monday that President-elect Barack Obama, after moving into the White House next week, will issue an executive order to begin the process that would lead to the closing of the U.S. military prison at Guantanamo Bay. With that in the news, I was asked to appear on Hardball to debate conservative talk-show host Michael Smerconish, who supports the use of waterboarding. Here's the clip:

At least Smerconish, a lawyer, agreed with one basic point: the US government, despite what the Bush-Cheney administration has contended, has no right to hold anyone--not even enemy combatants--indefinitely. Perhaps Obama is right: conservatives and liberals--that is, those of us who don't take our constitutional advice from Dick Cheney's office--can find some common ground.