No, what makes Bush a criminal is that he and his gangsters knowingly, intentionally, and deliberately engaged in criminal enterprises under the pretenses of government.
1. Treason: the Bush Administration ran a criminal enterprise from the White House with the intention of subverting the liberties of the American people. The TARP Bailout was completely illegal. They also lied to and concealed information from the Legislative Branch for the purpose of enacting illegal mandates under the prentences of national security.
2. Criminal Conspiracy: The Bush Administration knowingly and willfully conducted these crimes with the collusion of the executive Branch of government and corporate CEOs who benefitted from their crimes.
3. War Crimes: the Bush Administration lied to the public, the Congress, and the United Nations about it's reasons for invading Iraq; they illegally tortured prisoners of war, they illegally ordered assassinations, they have illegally attacked neutral countries like Pakistan, they illegally appropriated monies to these enterprises without consultation with Congress, they have engaged in wars without any legal declaration of war.
4. Crimes Against Humanity: Under the color of 'national security' the Bushmen have spied upon, harassed, and illegally imprisoned American nationals without due process. Under the TARP Bailout, they illegally bankrupted the US economy and private businesses. During Hurricane Katrina alone, they were responsible more American deaths than happened on 9/11.
It's time that these gangsters answered for their crimes. We can't let this precedent of 'political immunity' stand any longer.