US argues Nuremberg “irrelevant” to immunity of Bush officials; hearing set for 11/13/14

In the latest round of court papers in Saleh v. Bush, Case No. 3:13-cv-1124 JST (N.D. Cal. Mar. 13, 2013), the United States has argued that the holdings from the Nuremberg Tribunal have “neither estoppel nor preclusive effect” and are “irrelevant” to the question of whether US officials are immune from suit based on allegations of aggression.

The United States continues to maintain that former Bush Administration officials are subject to dismissal based on a domestic law, the Westfall Act, that shields government officials from civil lawsuits for activities undertaken during the scope of an official’s employment.

Saleh argues that defendants Bush, Cheney, Powell, Rice, Rumsfeld and Wolfowitz acted outside the scope of their authority in planning and waging the Iraq War, which she contents was done in violation of US and international law. Specifically, she contends that these individuals committed aggression against Iraq, which was outlawed by the International Military Tribunal at Nuremberg, Germany, over 60 years ago.

The Court has also reset the hearing date from September 11, 2014, to November 13, 2014 in the Northern District of California.

Reply in Support of Motion to Dismiss

*UPDATE* On the Lawsuit

We have some major updates on the Witness Iraq lawsuit related to the legality of the Iraq War.

On May 20, 2014, the Northern District of California (pictured here) dismissed the original complaint with leave to file a Second Amended Complaint by June 9, 2014. We filed a Second Amended Complaint on that day – to our knowledge, the most comprehensive legal document ever written regarding the planning and execution of the Iraq War, in violation of international law.

We also filed a request for an evidentiary hearing – permitted by law – so that we can submit evidence to the Court regarding the civil immunity of the defendants. The Court is concerned that the Defendants are potentially immune from this type of civil lawsuit. This is the issue that we must address in the coming weeks in the legal papers.

As Iraq descends further into chaos, it is our belief that only justice will prevent future bloodshed – in Iraq, and elsewhere – regarding the use of illegal military force.

Stay tuned as we await further briefing from the Department of Justice.

Litigating the US Invasion of Iraq