Is it possible that the GOP might be happy to have a whole host of top-level officials facing criminal charges in the leadup to the election? Bush could denounce the whole thing as partisan nonsense and issue pardons to all involved. Wouldn't that be cool?
Imagine how the media might beat up that state of play!
And even if it didn't help them win the election (what are the chances?) it would help them all stay out of jail during the Obama administration. Worth a try?
Or put it another way - what have they got to lose? McCain is not gonna win this election on his own merits, obviously...