We have received a preliminary order from the Court and have been given a deadline of June 9 to file what will be the third Complaint in this lawsuit. There will be further motion practice which will probably go for at least a few more months, however, the Court has indicated that this will be the last operative Complaint before it decides issues of immunity, on which it has focused. The Court has not yet addressed the issue of aggression as a component of federal common law. The Court has also calendared a case management conference on August 27, 2014.
This last and final Complaint, due June 9, is what the Court will analyze, and will likely be the Complaint that will go up on appeal if and when the Court issues a final order, probably by the end of this year. The Court has specifically highlighted that Ms. Saleh should provide evidence to the Court that will address her claims that the Defendants in this case -- ex-President Bush, ex-Vice President Cheney, and officials Rice, Powell, Rumsfeld and Wolfowitz -- were acting outside the scope of their employment in the planning and lead up to the Iraq War.