DOJ wants Bush, senior cabinet members exempt from Iraq War trial
RussiaToday
Apart from Bush, the names listed in the paper the DoJ filed on Tuesday are former Vice President Richard Cheney, former Secretary of Defense Donald Rumsfeld, retired four-star General Colin Powell, former Secretary of State, Condoleezza Rice and former Deputy Secretary of Defense and President of the World Bank, Paul Wolfowitz.
Sundus Saleh, an Iraqi single mother of three who became a refugee, filed a complaint in March in the San Francisco federal court, claiming that the war in her country can be judged as a 'crime of aggression’, according to the same legal standards that the Nuremberg Tribunal used for convicting Nazi war criminals of World War II.
Saleh is the lead plaintiff in this class action lawsuit.
The reason for the decision is connected with the 'Westfall Act’ certification. The 1988 law gives the Attorney General the power to personally decide whether the United States is actually a defendant in the case. This in turn allows the granting of absolute immunity to politicians for actions carried out while in the government’s employ.
Inder Comar of Comar Law has agreed to take the case. The San-Francisco-based firm normally specializes in support to private companies, particularly those in the tech industry. Comar met with Saleh at her home in Jordan to discuss the case.
Chief counsel Comar wrote on the War Is a Crime website explaining that, "The DoJ claims that in planning and waging the Iraq War, ex-President Bush and key members of his Administration were acting within the legitimate scope of their employment and are thus immune from suit."
The lawsuit filed by Saleh says that Cheney, Rumsfeld and Wolfowitz orchestrated the Iraq War in 1998 as part of their involvement with the 'Project for the New American Century’, a Washington DC-based non-profit organization that pushed for the overthrow of Iraq’s former leader, Saddam Hussein.
Salleh then alleges that the tragedy of September 11, 2001, was pitched to other members of the Bush cabinet as the perfect excuse to scare the American public into supporting the war in Iraq. The lawsuit also claims that the United States failed to obtain United Nations approval for the invasion, making it an illegal and aggressive act of war.
According to Corey Hill, who is a member and outreach coordinator
for Global Exchange, an international human rights organization,
Comar Law is invoking something called the Alien Tort Statute,
which is a 1789 law that permits a foreign national to sue the US
federal court for injuries "committed
in violation of the law of nations or a treaty of the United
States." Hill explained this in his article for YES!
Magazine, for which he also writes.
All the defendants in the case have been summoned to appear in
accordance with the usual legal proceedings. The trial is expected
to start in early 2014.
There are, however, several problems that could arise with the
allegations. As Paul Stephen, who teaches law at the University of
Virginia and is former international law consultant for the
Department of State told YES! Magazine, that it would be difficult
to sue a government employee for acting "under
the scope of employment" in this case, because of the
modified nature of the Westfall Act, giving officials more scope
for action.
The second problem may arise from the fact that their actions did
not take place on US soil, making it difficult to validate the
accusation.
And lastly, "courts aren’t open to ruling on matters of a political nature", Hill said in reference to a doctrine in US Constitutional Law that separates clear-cut court cases with those better left to the legislative and executive branches of the government. This doctrine then means that the invasion of Iraq is a political case – not a legal one.
"If the expectation is that a federal court will declare that the
invasion, although duly authorized by Congress, violated
international law and thus violates U.S. law, I would respond
that we walked up and down that hill with respect to Vietnam...
No federal court ever has recognized such a claim," Hill
explained.
But Comar is optimistic in so far that in order for the Westfall
Act to work in this case, the US government would have to prove
that the act of preparing the invasion through a non-profit
organization took place within office. But since that was not the
case, the law cannot be invoked here. He further explained to Hill
that separating a political matter from a purely legal one will
also not be easy for the US government, as it may often be a very
blurry line. Comar expanded on this position to the 'War Is a
Crime’ website.
"The good news is that while we were disappointed with the
certification, we were prepared for it," he said. "We do not see
how a Westfall Act certification is appropriate given that Ms.
Saleh alleges that the conduct at issue began prior to these
defendants even entering into office. I think the Nuremberg
prosecutors, particularly American Chief Prosecutor Robert
Jackson, would be surprised to learn that planning a war of
aggression at a private non-profit, misleading a fearful public,
and foregoing proper legal authorization somehow constitute
lawful employment duties for the American president and his or
her cabinet."
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