"Doing the least he can do", comes to mind to describe new leadership at the DOJ.
Senate Republicans appear ready to try to carve out a 'safe harbor' for Bush-Cheney's past transgressions (the circumstances were exigent, apparently). I wonder how the Foreign Relations Committee feels about that ... ?
Meanwhile, the rest looks like delay of game.
The courts haven't ruled on Article-2 powers (the 'war powers' that Bush wants when he classifies people as non-war/warrior enemies). Mukasey is waiting to find out what is/was on the destroyed tapes. The Senate hasn't confirmed the next string of deputies. The list goes on. At this rate, the timeline for a Bush indictment is past his Presidential term.