In theory, sure. In practice that's bullshit and you know it. The .gov, be it state local or fed, has show time and time again that it's not above prosecuting

In theory, sure. In practice that's bullshit and you know it. The .gov, be it state local or fed, has show time and time again that it's not above prosecuting someone for a "failure to X" crime of which the failure was caused by the .gov's own action.