If we prosecute Bush and Cheney then we'd also have to include all those senators and representatives who voted for the war, including Hillary Clinton.
The senators and representatives could easily make the case that they were coerced into voting for an Iraq invasion based on untruthful information, that was hastily put together by the president's administration and interest groups which had an agenda since the 1990s that included a military presence in Iraq.
"...the successful annihilation of organized crime's subculture in America would rock the 'legitimate' world's foundation, which would ultimately force fundamental social changes and redistributions of wealth and power in this country. Meyer Lansky's dream was to bond the two worlds together so that one could not survive without the other." - Dan E. Moldea
