No penalties for Waltrip or Hamlin???

NASCAR said yesterday at the testing session at Lowe's that no additional penalties will be handed out for Hamlin or Waltrip. 

And NASCAR wonders why people think they are not consistent?  There was a precedent with both of these acts to hand down penalties, yet none are given.  In 2004, Earnhardt Jr. was penalized 25 points and $10,000 for intentionally bringing out the caution, he purposely spun so he wouldn't go a lap down....fast forward to Richmond, Hamlin stops on the track and brings out the caution.  NASCAR believes it was an intentional move, but yet isn't going to hand out further penalties for it?

Now, on to the Waltrip one.  NASCAR believes that he intentionally took Mears out, but thinks the hit Waltrip took in points because of being parked was severe enough?  He fell one spot on the standings for taking his anger out on the track and that was severe enough?  Why was Kurt Busch fined for intentionally taking out Robby Gordon in the 2002 All-Star race?  Both moves were "intentional" in NASCAR's eyes and in the fans eyes, so why the different reactions from NASCAR?

Is this another case of who you drive for or who you are?  Is NASCAR playing favorites again?  It sure seems like it, but of course there's no proof, other than there is precedent for them to hand down penalties, which they already said they won't do.

If it had been Kevin Harvick or Robby Gordon instead of Michael Waltrip, it's pretty safe to say additional penalties would have been handed down citing the precedent as the reason.

Your thoughts?