Will Ghosts of Bush Administration Derail Obama's Agenda?

Texas Sen. John Cornyn, also a Republican, added on "Fox News Sunday": "I hope that the attorney general listens to the president who says we need to look forward, not backward."

Attorney General Eric Holder is likely to push ahead with a criminal investigation into the Bush administration's interrogation practices on suspected terrorists, despite the White House's desire to move forward.

(ABC News Photo Illustration)

But California Sen. Dianne Feinstein, a Democrat, said she understands the hard choice Holder has before him.

"I don't know whether he will choose to investigate, but that's certainly his independent option," Feinstein said on "Fox News Sunday."

Newsweek, which first reported on the investigation's likelihood, said Holder understood the political implications of such a probe and the hassle it would create for the Obama administration. Holder was troubled by what he learned about the CIA's treatment of terrorism suspects after Sept. 11, 2001.

"I hope that whatever decision I make would not have a negative impact on the president's agenda," Holder told Newsweek. "But this can't be a part of my decision."

The attorney general has said that those who acted within the government's legal guidance will not be prosecuted. But he has left open the possibility of pursuing those who went beyond that guidance.

Department of Justice Spokesman Matt Miller told ABC News that now senior Bush administration officials are under consideration for investigation at this time.

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"As the attorney general has stated on numerous occasions, the Justice Department will follow the facts and the law with respect to any matter," Miller said. "We have made no decisions on investigations or prosecutions, including whether to appoint a prosecutor to conduct further inquiry. As the attorney general has made clear, it would be unfair to prosecute any official who operated in good faith based on legal guidance from the justice department."

Any investigation into interrogation practices might also be matched with an investigation of Cheney's actions.

The New York Times reported today that Cheney ordered the CIA not to tell Congress about the counterterrorism program. Obama's CIA director Leon E. Panetta learned of the program on June 23 and immediately ended it. He then briefed House and Senate intelligence committees the next day in private sessions, The Times reported.

On ABC's "This Week," Majority Whip Sen. Richard Durbin, D-Ill., argued the Senate Intelligence Committee should "absolutely" investigate the matter.

"To have a massive program that is concealed from the leaders in Congress is not only inappropriate it could be illegal," Durbin said.

"The executive branch of government cannot create programs like these programs and keep Congress in the dark," he added. "There is a requirement for disclosure, it has to be done in an appropriate way so it doesn't jeopardize our national security."