agreeing with you all throughout this thread, until your last line

>The Commander-In-Chief cannot be prosecuted >for fighting the enemy.

Bush no longer is the Commander In Chief and as we've seen throughout history, former Commanders In Chief/Leaders/even Emperors get prosecuted for this (especially when the outcome wasn't all that great).

In a way Bush should welcome this :-) , giving him some gravitas because he'll be in a list with people like Napoleon Bonaparte.

Although both men came to power in a coup d’état, waged war gainst countries that didn't attack them and tried to install some kind of new order in those places (Napoleon was successful with his Napoleonic Code), the comparison stops there, luckily :-)