Hussein loves George

[OneFootInTheGrave]

Saleh v. Bush is a 2013 class action lawsuit filed against members of the George W. Bush administration for their alleged involvement in premeditating and carrying out the Iraq War. The suit is being brought to court by Inder Comar of Comar Law, against former president George W. Bush, former vice president Dick Cheney, former secretary of defense Donald Rumsfeld, former national security adviser and secretary of state Condoleezza Rice, former secretary of state Colin Powell, and former deputy secretary of defense and president of the World Bank Paul Wolfowitz.[1] [2]

Lead plaintiff Sundus Shaker Saleh alleges that the defendants planned the war as early as 1998, capitalizing on the September 11 attacks in 2001 to ramp up support for the invasion through fear tactics and intentional misinformation. The suit argues that the true purpose of the subsequent war in 2003 was to enact regime change in Iraq, and as such the war was not carried out in self defense, nor with the authorization of the UN Security Council or other relevant international treaties.[1]
.
The Obama Administration's Department of Justice has sought to protect the defendants twice to date, with a motion to dismiss the Saleh v. Bush charge on August 20, 2013[29] and another one on November 29, 2013.[30] The DOJ cites the Westfall Act,[31] claiming that the defendants were acting within their scope of employment when planning and waging the Iraq War, and therefore can not be held individually accountable for the harm caused. The Westfall Act rules that harm done within the scope of employment is the responsibility of the employer. In this case the employer is the United States government, which is protected by sovereign immunity, the legal doctrine that a sovereign state can not commit a crime and is immune from prosecution.
.
On August 15, 2014 The United States will have an ability to respond to the second amended complaint. A hearing date had been set for September 11, 2014.[33] On August 18, 2014, the Northern District of California reset the hearing date for November 13, 2014.[34] The hearing date was canceled on November 3, 2014.[35] On 19 December 2014, the lawsuit was dismissed with prejudice.[36] A notice of appeal with the United States Court of Appeal for the Ninth Circuit was filed on January 16, 2015.[37]

There you have it.

More importantly Hussein wants to keep the option of creating mayhem around the world open without the pesky courts reviewing what was done in hindsight.

I guess it's in the job description.

[Proteus_MST]

On the Wikipedia page for the case:

The Westfall Act rules that harm done within the scope of employment is the responsibility of the employer. In this case the employer is the United States government, which is protected by sovereign immunity, the legal doctrine that a sovereign state can not commit a crime and is immune from prosecution

https://en.wikipedia.org/wiki/Saleh_v._Bush#Lead_plaintiff:_Sundus_Shaker_Saleh

So does this mean that, according to the Westfall act, the Nuremberg trials after WW2 couldn´t have been taken place, because all people who were put to court were just doing their job for the Third Reich?

[giblets]

Thanks, Obama.

[giblets]

On the Wikipedia page for the case:

https://en.wikipedia.org/wiki/Saleh_v._Bush#Lead_plaintiff:_Sundus_Shaker_Saleh

So does this mean that, according to the Westfall act, the Nuremberg trials after WW2 couldn´t have been taken place, because all people who were put to court were just doing their job for the Third Reich?

The US can do whatever it wants, Germany has to follow international law.

[Proteus_MST]

The US can do whatever it wants, Germany has to follow international law.

Aye ... seems like that is exactly what it says

http://www.globalresearch.ca/iraq-war-u-s-argues-nuremberg-irrelevant-to-immunity-of-bush-officials/5396665

No wonder that there is a decline in respect for the USA internationally

[SlowwHand]

Just more trash.

[loinburger]

This only applies to civil suits, not to criminal suits. This means that a commandant at a Nazi concentration camp could be tried for murder, but a former prisoner at the concentration camp couldn't sue the commandant for damages - instead they would need to sue Germany for damages.

[regexcellent]

The Iraq War wasn't illegal. Congress literally passed a law allowing it. The lawsuit is a retarded farce which is why it has been repeatedly dismissed and will continue to be dismissed.

edit: the fact that Saleh was refused even a hearing tells you how worthless this case is. Judges will usually grant a hearing even if they've already made up their minds, because they want to demonstrate that they're willing to listen to you. Not granting a hearing is basically saying "your case is so dumb that I don't respect you and your idiotic nonsense is not even worth a half-hour of my time."

[Proteus_MST]

This only applies to civil suits, not to criminal suits. This means that a commandant at a Nazi concentration camp could be tried for murder, but a former prisoner at the concentration camp couldn't sue the commandant for damages - instead they would need to sue Germany for damages.

So with other words, according to the Westfall act, if the state doesn´t itself admit that it did something wrong (and starts any necessary steps to right this wrong by itself), there is no chance for the ordinary citizen to have justice served as according to the wikipedia passage "the legal doctrine that a sovereign state can not commit a crime and is immune from prosecution" and (with regards to the SS KZ commandant) the commander was just following the orders of the state and every harm he did was within the scope of his employment.

[loinburger]

Are you asking if the Nazi commandant would have lost a civil suit for murdering Jews if Germany had won the war? Probably not.

I suppose that the international criminal court could prosecute Bush et al for war crimes and then allow people to file civil suits against out of US jurisdiction, that might go over well

[Proteus_MST]

Are you asking if the Nazi commandant would have lost a civil suit for murdering Jews if Germany had won the war? Probably not.

I suppose that the international criminal court could prosecute Bush et al for war crimes and then allow people to file civil suits against out of US jurisdiction, that might go over well

Yes something like that ...
it is also interesting with regards to something else (that more fits your example with regards to the KZ commander):

Former inmates of Abu Ghraib or Guantanamo.
Especially Guantanamo inmates may find it (because of the Westfall act) also impossible to sue the USA due to them not admitting to doing something wrong there (and also not the wardens as they just followed orders).
(whereas Abu Ghraib may still have open a road to sue the wardens as the USA uses them as scapegoats by claiming that they tortured without explicit order)

[regexcellent]

The US isn't an ICC member and I don't think the ICC even claims any jurisdiction over nonmembers. And the ICC is a joke anyway.

[OneFootInTheGrave]

Freedom and justice for all!