(I note that every-time I hear, the incoming president will reverse the
crimes of the last President, that the incoming New Party President will
file criminal charges on the war crimes of the past President, we only get
MORE of the same, but we always get these immunities from an out going
President, he expects the same from the next Corporate Representative in
the US Presidents Office. - Scott)

<http://warisacrime.org/content/obama-doj-asks-court-grant-immunity-george-w-bush-iraq-war#.UhPHiZ7Tesc.facebook>



Obama DOJ Asks Court to Grant Immunity to George W. Bush For Iraq War

By davidswanson - Posted on 20 August 2013

By Inder Comar

SAN FRANCISCO, Calif., (Aug. 20, 2013) — In court papers filed today
(PDF), the United States Department of Justice requested that George W.
Bush, Richard Cheney, Donald Rumsfeld, Colin Powell, Condoleezza Rice and
Paul Wolfowitz be granted procedural immunity in a case alleging that they
planned and waged the Iraq War in violation of international law.

Plaintiff Sundus Shaker Saleh, an Iraqi single mother and refugee now
living in Jordan, filed a complaint in March 2013 in San Francisco federal
court alleging that the planning and waging of the war constituted a
“crime of aggression” against Iraq, a legal theory that was used by the
Nuremberg Tribunal to convict Nazi war criminals after World War II.

"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,” chief
counsel Inder Comar of Comar Law said.

The “Westfall Act certification,” submitted pursuant to the Westfall Act
of 1988, permits the Attorney General, at his or her discretion, to
substitute the United States as the defendant and essentially grant
absolute immunity to government employees for actions taken within the
scope of their employment.

In her lawsuit, Saleh alleges that:

-- Richard Cheney, Donald Rumsfeld and Paul Wolfowitz began planning the
Iraq War in 1998 through their involvement with the “Project for the New
American Century,” a Washington DC non-profit that advocated for the
military overthrow of Saddam Hussein.

-- Once they came to power, Saleh alleges that Cheney, Rumsfeld and
Wolfowitz convinced other Bush officials to invade Iraq by using 9/11 as
an excuse to mislead and scare the American public into supporting a war.

-- Finally, she claims that the United States failed to obtain United
Nations approval prior to the invasion, rendering the invasion illegal and
an act of impermissible aggression.

“The good news is that while we were disappointed with the certification,
we were prepared for it,” Comar stated. “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.”

The case is Saleh v. Bush (N.D. Cal. Mar. 13, 2013, No. C 13 1124 JST).

See the attached certification, publicly filed on ECF / PACER system.

For further information contact:
COMAR LAW

901 Mission Street, Suite 105
San Francisco, California 94103
t: +1.415.562.6790
f: +1.415.513.0445
e: [email protected]




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