If there really was latitude for the dems (or anyone else) to bring charges for these actions taken by W, they would have already done so. This is all just meaningless bluster in attempt to score political points ahead of the 06 elections.
It is my position that the American people see this tactic and have grown weary of it. The left tried this last election cycle and they lost then and they will lose over it this time also.
They don't have the House, so, correct it's political bluster. Fatal mistake on their part since it continues to weaken them on the national security front. The issue to be more concerned with is McCain/RINO's trying to restrict yet another means of winning the WOT. They need to be watched and beaten down. I suspect in part this is why the W.H. has come out strong it will not relinquish it's constitutional power, to pre-empt them.