War Crimes Arrest as October Surprise?

Highly unlikely, but as the author suggests it would be a lose-lose situation for the Democratic candidate, except maybe if the arrestee were Cheney... (Earlier this month Marc Ambinder suggested that a Democratic White House in January 2009 might pursue some sort of war crimes investigation into the Bush administration torture 'principals,' a suggestion which seemed to be somewhat pulled from his arse. Nobody has seriously suggested, however, that this might happen BEFORE November.)