why isn't bush being arrested like the negligent nursing home owners?

[mopaul]

their alleged crime is the same: homicide by gross criminal neglect.

[ChairmanAgnostic]

1. insanity is a defense, no?

he is not mentally competent, ergo, he cannot be guilty.

[mopaul]

2. i believe his mental incapacity is perfect grounds for his removal

[ChairmanAgnostic]

3. 25th amendment, section 4

quoted here
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104

[leveymg]

4. There's been some discussion of the legal issues at DU.

Please, see: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4761044&mesg_id=4761044

[acmejack]

5. Could this be why?

From the Stafford Act

NONLIABILITY

"Sec. 305. The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act"

http://www.ohioema.org/robertt.htm

[leveymg]

6. Great catch! But, again, this is civil liability - no immunity to criminal

penalty is created here for malfeasance that rises to a level of negligent homicide.

[WePurrsevere]

9. Bush is not THE "Federal Government" he is more of an employee of it ...

he didn't do his job and by his lack of action was directly the cause of deaths of hundreds (although I'm still leaning towards thousands) of human beings.

While according to Sec 305 apparently uou can't prosecute the whole Federal Gov for the lack of action it does NOT seem to say you can't prosecute an employee of it, an individual.

[mopaul]

10. exactly, shitty employees get canned in the real world

[all.of.me]

7. this was the VERY first thing that came to me when i read that last night!

they let a few die through negligence, but the rest died through bush's negligence. ugh. the hypocrisy sickens me. literally.

[leftofthedial]

8. because this is Murka

and 2000 was a coup

[lpbk2713]

11. Executive privelege.

He has killed so many in Iraq and Afghanistan that a few more corpses don't matter much.

[riverwalker]

12. the dead babies at Convention Center

I still think the parents of the babies who died at Convention Center have a case against Chertoff.


http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20050913/NEWS01/509130314

"I saw six dead babies lined up in the bathroom, a dead man covered with a sheet outside the Convention Center and there was a woman holding on to a dead baby," Holmes said. "I thought they were just going to push us into one area, shoot us and dump us in the water."

[toey]

13. Why doesn't someone sue him and find out really what happens

let it go all the way to the Supreme Court...oh wait, nevermind