Reply #4: Um, no, it is not, "it might not work". It is guaranteed to fail.

[Kagemusha]

Did you read about the dismissal of the Plame suit against Cheney recently? That had the truly galling argument that outing Plame was part of the normal official duties of the vice-president and associated executive branch people. This was accompanied by a far better supported assertion that there is immunity for official acts done in accordance with the normal rigors of government policy. The government in and of itself may well be liable for a specific wrong but, individual department chiefs are not held personally liable for systemic faults that they have failed to remedy rather than consciously cause.

Impeachment is a completely different thing because it is a political and constitutional process; it is not part of the justice system whatsoever.

Having said that, my point is, this isn't a "might" thing, it's a "there's mountains of precedent that it is 100% certain to fail" thing.