I was poking around through U.S. Code, at U.S. Code Search
looking for offenses that would automatically disqualify Bush from being President and found this gem. I searched on the phrases incapable of holding
across the entire breadth of the code. Amazingly enough my search returned over 7,000 hits.
Of course there were the obvious ones like, Treason and Rebellion or Insurrection. But the one that caught my eye was this one: 8 USC Sec. 1425. Ineligibility to naturalization of deserters from the Armed Forces.
More below the fold.
This little gem reads as follows:
8 USC Sec. 1425. Ineligibility to naturalization of deserters from the Armed Forces
A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military, air, or naval forces of the United States, or who, having been duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or who, whether or not having been duly enrolled, went or shall go beyond the limits of the United States, with intent to avoid any draft into the military, air, or naval service, lawfully ordered, shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the United States; and such deserters and evaders shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof.
It's pretty indisputable that Bush went AWOL for more than 30 days while "serving" in the Texas Air National Guard and therefore considered a deserter by the Air Force. Also, desertion has no stature of limitation.
Convicting Bush of deserting his TANG unit and presto! He has to be impeached and removed under 8 USC Sec. 1425.
A pipe dream I know, but even so....