Legal Prosecution

Could George W. Bush end up behind bars?

George W. Bush could be investigated for the steps taken after 9/11.

(CNN) -- Could George W. Bush or some of his top aides end up behind bars?

It's extremely unlikely, but the Obama administration is taking its first steps along a path that could lead in that direction, with the investigation of Central Intelligence Agency interrogators involved in the war on terror.

"You don't know where these things are going to end up," former CIA agent Peter Brookes told me. "They could go to very high levels in the government."

The probe will focus on whether interrogators exceeded their instructions and broke the law when, for example, they choked a prisoner until he lost consciousness or threatened another one with a gun and a power drill.

There is no obvious enthusiasm in the Obama administration for second-guessing the CIA's efforts after September 11, 2001 to keep America safe.