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

War is a Crime – 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:


901 Mission Street, Suite 105
San Francisco, California 94103


6 thoughts on “Obama DOJ Asks Court to Grant Immunity to George W. Bush For Iraq War

  1. Obama to Bush, “I got this”, “If the DOJ request fails, I just have to sign an Executive Order excusing any and all of those involved in the alleged crimes against humanity.” “If I’m impeached, Joe Biden already has his “marching orders”.

  2. Someone is worried for sure and America will define its world image from what it decides here too and thankfully US law still doesn’t trump international law so unless they “envoy” Bush up like they did Blair, he’ll be fair game outside the US.

    And of course to do so would admit more than anything else that Bush & Co did act illegally and will cause irrevocable public outrage across the board and give huge political capital to those out there fighting the good fight.

  3. For this issue to be on the table of discussion for these fools, it give me hope that they still have fear of the people and the system. Regardless of any pardon, bush along with all other cronies involved will be put on ice for the horrific war crimes they committed.

  4. Would you expect anything other than this gang of criminals protecting each other, and their schemes from any form of justice?

    That’s what they do, they do it constantly, and ONLY the American people can change it. Don’t wait for any legal action to result in justice, because this government is corrupt to the core, or as Henry says “from the president down to the meter maid”. They all have to go before freedom and justice can ever see the light of day again.

  5. Look in your history annals about the Arab family that Georgie W. borrowed money from when he got into business trouble & that same person was married to Osama Bin Laudins’ sister!!! The intrigue thickens as the oil & banking magnets involvement ramped up……Sort of like Preston Bush & his washing money for the Elitists financing Hitler with US money to kill US soldiers! The Bushes & everyone in the hierarchy from FDR forward have been Socialists like Stalin……Oh, hell, our Govt is so corrupt it’s beyond belief!!!!!…..Another sort of like the CIA & Evergreen Air polluting the atmosphere with toxic chemicals, the same air they’re breathing, SHREWD! Continue to fight for Liberty, Freedom, Justice & Truth

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