Ari Fleischer actually said...

No, I don't think he was lying.

President Obama is entirely within his rights not to pursue the Bush policies. But what was gained by releasing the Bush documents?

And then, if they decide it was, then they have got a very careful decision to make about how far and extensive do you prosecute people.

Scott is wrong. He's wrong on substance. And he wasn't in a position to know, because his jurisdiction wasn't over those issues.