WRAL Channel 5 is going to Interview Joe Biden: Requested Questions, My Question

Joe Biden stated, "If elected he would pursue charges against the Bush administration." Why does it matter if he is elected or not? If he feels that Bush has done something that warrants pursuing charges then after the election, would he not be guilty now? I think it is rather childish of the Vice Presidential Democratic Candidate, to add a "pork" to his election. If he was as stand-up Senator, he would be pushing congress for an Impeachment Inquiry. It would be more effective to have an impeachment process before the Standing President is out of Office. Bush is guilty of Treason, and should be held accountable for his actions. If you agree with only one of the 35 Articles in Congressman Kucinich's Articles of Impeachments, then Bush should be impeached. So to sum up, I would like the Senator to answer the following question: Why do we have to wait for you to get elected to have the process started for there to be charges brought up against the President?