Counter Argument Against Bugliosi’s Prosecution

I’m currently reading Vincent Bugliosi’s book, The Prosecution of George W. Bush for Murder. It’s a very interesting read. I’m reading it as if I’m a
juror on a trial. Get it while it’s still on media blackout.

However, since most of my legal knowledge is based on watching Law & Order, I’m in no position to confidently judge Bugliosi’s legal assertions (no
matter how compelling and logical they are). That’s why I’m on the lookout for a "legalese" review of this book, preferably with good counter-arguments. Here’s what I found so far (emphasis in the original).

via Skippy Stalin: Enjoy Every Sandwhich

Bugliosi does make a compelling case that Bush seriously misled the
Congress and the people, if not actually lied to them. This is
particularly true of the October 2002 National Intelligence Estimate
that was, shall we say, “selectively” declassified to omit the
qualifiers from the intelligence community that said “We judge that
Iraq has a continuing weapons program…” to read “Iraq has a continuing
weapons program.” The declassification also pointedly excluded the
dissents from the the intelligence departments of the Air Force and the
departments of State and Energy.

The declassification also didn’t include this vaguely important nugget, “Baghdad
for now appears to be drawing the line short of conducting terrorist
attacks with conventional or CBW against the United States, fearing
that exposure of Iraqi involvement would provide Washington a sronger
case for making war. Iraq probably would attempt clandestine attacks
against the US Homehand if Baghdad feared (that) an attack that
threatened the survival of the regime were imminent or unavoidable.”

That sort of turns the administration’s rhetoric about “the imminent
threat” on its head, doesn’t it? That might’ve been important for the
American people to know before they committed to war. And that would
ordinarily constitute an impeachable offense. The problem with that is
that Congress had access to the classified NIE and did nothing. Worse,
most of them never bothered to actually read it. If that makes Bush
guilty of murder, it would make the 535 members of Congress guilty of
negilgent homicide. They had a duty to read that classified report before voting to send Americans to war.

In short, based on the above counter-argument, prosecuting George W Bush won’t fly, not because Bush is not guilty, but because finding him guilty would take the entire Congress with him (well, maybe except those who voted against the war). Jeesh. Maybe that’s why impeachment is off the table because the blame runs deep and wide. And while we’re at it, why not throw in big media as accessory too?

Looking forward to more legal debates on this controversial book. It’s so much better than watching Law & Order marathons.

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