Why have George W Bush and Cheney been arrested for starting a war with Iraq when there was no grounds and lying to us the American people?

Answer 1

Answer 1

They can claim they had reasonable doubt.

Answer 2

One thing that many people do not understand about the law is that not every grievance gives rise to a legal claim. Feeling something passionately does not make something legally viable. There has to be a specific grant by a law to sue someone based on a claim. For the two issues here, there is affirmative US Case law AGAINST suit.

The relevant case in this matter is Mississippi v. Johnson 71 U.S. 475 (1867) which splits the duties of the President between discretionary duties and ministerial duties. The difference between them is that a ministerial duty is one required by his job (i.e. those required to perform the bare minimum of his necessary functions) and the discretionary duties go beyond that. In that particular case, Mississippi was suing President Johnson for enforcing Reconstruction. The court ruled that this was the President acting in an executive and political capacity, which clearly fell into the discretionary duties (as opposed to ministerial ones). The court also held that suit on the President's discretionary duties is illegal. If discretionary duties could be sued, every sitting President would have to second-guess every decision because someone could bring suit against him. That is the reason for this shielding.

The President is also at complete liberty to lie to the American People on political matters, the only thing is that he cannot perjure himself, which is to lie under oath. Presidents do not usually lie to the American People because of the "Court of Public Opinion", but there is no requirement that the President be truthful and honest with the American People. In fact, the idea that the President would be in constant contact with the American people comes out of the FDR-Era in the 1930s with his "fireside chats" over the radio. Prior to that point, the President was a distant character save when he addressed Congress in the State of the Union Address.