Dick Cheney And Other Bush Administration Officials May Finally Go To Trial

Pentagon Holds Departure Ceremony For RumsfeldDid you know six members of the Bush Administration may finally end up in court? While I’d really rather see Bush painting his self portraits in solitary confinement or Rumsfeld riding the bulls at Angola, that’s not going to happen. Our friends over at Quiet Mike have been following this story for a while and here’s the quick rundown for you:

Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law. (Source)

When I first posted the story on a few pages I help run, including Politically Preposterous and Whiskey and the Morning After, one common response was something like, “Finally! I hope they rot in jail!” While it’s probably what they deserve, especially Dick Cheney and Donald Rumsfeld, jail isn’t what they’re looking at.

Let’s be clear, this is a civil suit, not a criminal case. That is a very important legal difference that many people seem to be overlooking. Unfortunately, neither Bush, nor Cheney, nor Rumsfeld or any of the other people in the Bush Administration responsible for the Iraq War will likely ever see the inside of a jail cell. As much as many of us would like to see that happen, it’s just not going to happen.

There are few, if any, prosecutors anywhere in the United States who have the ability to bring charges against the planners of the Iraq fiasco. If perhaps the Justice Department was prosecuting them, then a criminal case could be successful. However, the Justice Department is actually defending these officials against a civil suit here, believe it or not. There are also additional legal hoops that the plaintiffs will have to jump through in order to keep the case from being thrown out.

Earlier this year, the Department of Justice, who is defending the six Bush Administration officials, responded to the lawsuit by requesting that the case be dismissed. The Bush tribe is claiming that the planning of the war occurred within the scope of their employment and therefore they have immunity.

Rather than dismissing the case, the Judge asked for additional information. So Mr. Comar filed a 2nd amended complaint back in June. The amended complaint provides more details about the planning of the Iraq war and when it started.

Comar’s evidence, shows the Bush/Cheney team started planning the invasion of Iraq as far back as 1997. The amended complaint also explains that the war was motivated by personal enrichment and the war was a “crime of aggression.” (Source)

If the complaint that the war was planned as far back as 1997 is found to be true in a civil trial, this would be at least a partial vindication for a lot of people who have believed for a long time that George W. Bush or Dick Cheney had this in mind for years prior to the 2003 invasion. The plaintiffs argue that is indeed what happened, and the other defendants from the Bush Administration are also liable as George W. Bush could not have carried out this war on his own. In the complaint, it is shown that Wolfowitz and Rumsfeld had pushed for the war repeatedly, and it is alleged that the 9/11 attacks were used to finally justify military action.

Nothing will bring back the hundreds of thousands of Iraqi civilians who died, the 4486 U.S. personnel killed or the tens of thousands more who are scarred physically and mentally from a war we were sold on a lie. It won’t bring back the veterans like my friend Dan who didn’t get the PTSD help that they needed and committed suicide. However, holding the Bush Administration responsible for their actions, even through a civil suit, will still be better than nothing at all.

You can read the Saleh v. Bush complaint in its entirety here.


Facebook comments

  • dickwadd

    I hope Saleh wins the case and all of those mentioned, with the possible exception of Colin Powell, are stripped of every dollar they have or control. The sum of the funds could be divided equally between the families of the Amercan’s killed and a non-profit foundation (Clinton?) to distribute funds that would benefit the Iraqi families of those who died.

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    • Haven Lee Angelus

      Why the exception? He lied just like the rest of them.

      • dickwadd

        It’s my belief that Powell was ordered to lie and that he had no input to fabricating the lie. This may or may not also apply to Rice.

      • geema

        I share your belief regarding Colin Powell, and add the possibility he was being pressured with regard to his son’s military career, as well.

      • Stephen Barlow

        I would have GLADLY burned the whole of the GOP for threatening My CHILD like that!

      • Adam William Majkowski

        Doesn’t matter. “I was only following orders” is not a valid defense for war crimes. Every singe soldier who served wall street should be on trial here. From the president down to every last private.

      • Patrick Scott

        Although I understand your sentiment, career military personnel are hard pressed to out their leaders. Powell and Oliver North are two high profile patriots that fell on their swords to protect their leaders.

      • Adam William Majkowski

        Powell and North are traitors to our nation. I spit on them. If you want to know how to fight for our rights, and for our country, take a look at the people putting their bodies on the line to defend our rights in the streets. They are beaten, pepper sprayed, tased, incarcerated, and charged with crimes. Their lives are destroyed because they are willing to fight for all of us. That is how you fight fro your country. Right here, in our own streets. WE got minimum wage and a 40 hour work week with overtime pay because of unions and organized protesting. Not from soldiers. We got civil rights passed after we violently rebelled in the streets and started killing cops. Not because of soldiers. We got all this food because or hard working farmers. Not from soldiers. The list goes on forever.

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      • Patrick Scott

        I do not agree with your characteriization of Powell and North as traitor. I do however agree that dissidents have also paid a price. Your dismissal of the job that soldiers do is naive at best because they go and fight not for material items but for the respect of those ideals and morals that make our country great. Choosing to be the one to fight and die for our country. Which in turn gives you and I the right to say what we want to. Each is important.

      • Adam William Majkowski

        Your facts are uncoordinated and also false. This is not 1775, nor is is 1812. Back then, you could argue that our military were heroes fighting for our country and for our rights as white people to enslave and kill all other people. Since then, we have never been invaded or attacked in ay way whatsoever, yet we have spent every dollar we have on the military. We have sacrificed our freedom to build this military. We have sacrificed all manner of nice things we could have built with those many trillions spent on nothing. You are not serving your country, and you are not fighting for our freedom. You are hurting us and fighting to take our rights away. It’s not your fault that you are so stupid. You were raised that way and you don’t know any better. I am in favor of granting you leniency and sparing your life if you can prove that you did not actually kill or torture anyone by your own hand.

      • William Fite

        Adam, you just made you whole argument irrelevant with the comment we have never been invaded or attacked. I guess since Hawaii was not a state you discount the attack on Pearl Harbor or you forget that New York was attacked on 9/11.

      • Adam William Majkowski

        Too bad pearl harbor was not part of our country. Just a useless military base nearly up Japan’s ass. No where near Hawaii. If you still haev not taken the time to learn about 9/11 then you can not call yourself an american. Go back to El Salvador where you belong. This is a liberal country where we fight fro our right and we fight for more rights and freedoms. Get Out.

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      • Patrick Scott

        Really what about my facts are wrong. Explain. R not i don’t care. Thats your right made possible by the sacrifices of men and women you have no respect for.

      • Adam William Majkowski

        Wrong. Soldiers are cowards and have nothing to do with my rights. A mercenary force trampling the globe does not give me any rights. It makes the world more dangerous is all. I take my rights. Go ahead and try to take them away.

      • Stephen Barlow

        Soldiers fight for many reasons.

      • Patrick Scott

        They may want different things but to serve your country is the main reason I believe.

      • Stephen Barlow

        Gotta ask them. I served to pay for college.

      • Stephen Barlow

        Cop killing didn’t get us civil rights. Horrific television of Wallace sicking dogs on black children, church bombings and executions like Medgar Evers, and the three yankees.

        Seeing those unarmed people being firehosed and beaten. THAT is what outraged the country AGAINST the Old South. but they had to SEE IT first.

      • Adam William Majkowski

        Yes but some of those people starting killing those dogs sicked on them, and others started killing the police. Regardless of what was captured on tape, the fact that black people started to fight back was enough for wall street to allow the civil rights bill to be signed. They signed it way to late too. The rebellion continued into the 1970’s until The Black Panther Party was completely destroyed. I agree that we need to video tape the polcie at all times and get as many fired as possible while showing the ignorant public what is actually going on out there, but we also need to fight back in self defense to force the hand of wall street, to force them to give us what we want. Which is freedom and collective security for all the world. A few thousand cops and national guard can not stand against millions of people yearning to be free and safe from military rule.

      • Stephen Barlow

        Wall Street wasn’t THAT much of a power then. The MAFIA had more control over people and votes. Giancana handed Chicago to Kennedy and Kennedy welched on the deal.

        The mass jailing of people For First Amendment ‘crimes’ (many were jailed for ‘association’, not shooting cops) in the 70’s was more about Nixon’s tyranny and WAR Protesting WHITES.

        “A few thousand cops and national guard can not stand against millions of people yearning to be free and safe from military rule.”

        YOU need to feel a .223 round fired from an assault weapon to understand the COMPLETE stupidity of THAT statement! YOu wanna talk about Kent State? let’s talk about EVERY US POLICE FORCE HAVING A 300% arsenal of automatic weapons and almost ZERO supervision.

        If PEPER SPRAYING sitting citizens on National TV only elicits an apology and the COP who brutalized 30 people WITHOUT provocation gets more in damages from a court than the actual victims….

        If this can happen over the course of a WHOLE YEAR… without making one single dent in the Quo… then your status is DOA.

      • Adam William Majkowski

        Yes wall street has always been in power and is one and the same with the mafia. .223 is nothing. I have a 12 gauge shotgun with hollow tipped rifled slugs and so do a lot of people. There are more of us than them and we can and will win. We don’t have a choice. It’s called fighting for your country.

      • Stephen Barlow


        DIDN’T THINK SO.

        They don’t have a 460 M range. you pretty much have to have the balls to STAND in the line of fire and see what yoU wanna hit. Not for the faint of heart.

        YOU TALK REAL BIG. BUST A MOVE AND WE’LL ALL FOLLOW YOU. See ya on Fox news obituaries.

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      • Adam William Majkowski

        I am perfectly willing to walk out in front in the line of fire of any type of weapon as long as I have the rest of you behind me. I will absorb as many of those rounds as I can and dir fighting for all of our freedom. I would do it right now this second. I will out down my beer and get right in front of all of you. I would die for every single one of you and I pray to God you will give me the chance to prove it. I want millions behind me first.

      • Patrick Scott

        I have to disagree with you. That reason that for change was white fear of Malcolm X. The people in power assessed the situation and decided it was in their best interest to deal with someone that would not fight rather than some one that would fight back.
        American history is filled with atrocities done to non-whites by the majority. Yes those pictures did stike a cord with many but if there a true aversion to racial issues why are we still dealing with those same issues. Minorities are still being killed with very little anger from the majority. Recently a Black woman was punched repeatedly in the face on a public street by a CHP officer, with very little mention in the national news, but just about everyone is up in arms in the Ray Rice situation although I have yet to see him hit her.

      • Stephen Barlow

        Is that’s in any part true, then why didn’t Louis Farrakhan bring about even MORE positive integration?

        instead, the children of the Old Democratic south, changed colors and are now upright Republicans. Who have given up political extortion and stagnation, open race hate on the air (why doesn’t the FCC shut these villan stations down?) AND on the floor of Congress. Defunding of social programs for minorities, Voter Suppression and the National Guard sent to our borders in Riot Gear against 7 year old kids who can’t speak English!

        Malcolm andMartin TERRIFIED most of White America, but THOSE bigots were PROVED WRONG.

        TO quote Stephen Stills, ” I want White America to know that Jesus Christ was the world’s first non-violent revolutionary man…”

        The REAL change needs to COME from WITHIN WHITE America.

      • Patrick Scott

        What are you smoking? People in general deal with what makes them comfortable. For those in power at that time it was better to deal with King rather than Malcolm. This a survival mechanism call prejudice. We as human beings should strive to look beyond our prejudice but sometimes we fall short. They knew that king would not fight. They knew Malcolm would fight. Just as many will spew racist, sexist, homophobic and disrespectful garbage on the internet. they won’t say anything to that same individual face to face.
        BTW most social programs are used by White America not Minorities.

      • Stephen Barlow

        There are isolated incidents that go unreported for many reasons.

        What ELSE happened in Pennsylvania on 9/11?

      • DavidD

        Bull Conners siced the dogs and James Chaney was from Alabama.

      • Stephen Barlow

        The miliitaristic use of police on American citizens is what eventually got us civil rights. The death of innocents was just a bonus to the KKK members police forces. I wonder how many in Ferguson, MO carry a KKK card and/or have swastika’s on their garage or basement walls.

      • Stephen Barlow

        And both betrayed their COUNTRY in doing so.

      • Stephen Barlow

        I agree.
        Do you think a rational alternative to career politicians would be REPRESENTATION by LOTTERY, like jury duty?

        Anonymous picks, vetted and screened, then given the choice to be a candidate for up top 3-3year terms in the House, 2-5 year terms in the Senate or 1-7 year term in the Oval Office.

        Then all those who accepted become non partisan options for the voters to choose from. Since the bribers and lobbyists don’t have relationships with these people, they won;t be tossing around cash the same way they do now.

        It could only improve the probability of successful legislation in the Citizen’s best interests.

      • Adam William Majkowski

        No. I think, no I am certain, we need real democracy. Majority rule will lead us to freedom and security. No more reps. We vote on what we want over the internet and we enact what the vote says. No Reps. The system of reps representing us was created before we had telephones, radios, or internet. Those things make reps not needed. We can communicate fast enough to not need them. We simply vote on what we want by collecting signatures on an initiative written by anyone. If it gets enough signatures, we all vote on it. We vote on appointing people to oversee or manage things like power plants and farms. If she messes up, we vote for someone else to take over the job. We vote on waht we want, waht we need, and wahtever we feel like as long as we do not violate civil rights in any way.

      • Stephen Barlow

        A) how do we get THAT with 6 Corporations run by RED CEO’s controlling ALL mass media in this country?

        I DO believe you are partially right. I DO think it is time for referendum Government ON SOCIAL ISSUES.

        But UNTIL the internet is HACK FREE from EVERYWHERE IN THE WORLD, it can’t be trusted for a vote. In essence, with all goo intention, you are suggesting we manage America VIA BLOG!!!!

        But you are the ONLY OTHER PERSON IN & YEARS, who has offered me an intelligently thought out ALTERNATIVE to Corruption. I APPLAUD you from my feet Sir.

        how do we make these Ideas functionally sound and workable?

        I believe in annual elections, term limits, Lobbying Taxation and Recorded Surveillance and monthly audits of all Representatives activities to a 4 circle depth (the HSA was spying on us @ three circles… you, your contacts, their contacts and the contacts of all those contacts. Obama repealed the last circle, even though 98% of the data archived is “honey, pick up Chinese on the way home.” Which of course began a 7 man physical surveillance of the WIFE!!!”)

        I think Reps should deal STRICTLY with the budget. I think the Cabinet should handle whatever they are designed to do. I think NO military action can be taken WITHOUT a declaration of war EXCEPT in direct defense of American soil and of citizens.

        I think the State of the Union shold be a monthly event. If I were obama, I would be calling one the day befor Federal Checks go out and ask Congress what is holding them up.

        I think Representatives should be off limits to the PRESS, except in the form of a once weekly online conference, with questions submitted and answered the following week.

        I thnk Reps should be BARRED from paid or volunteer speaking engagements until 2 years AFTER retirement.

        I think all elected officials should have ALL their assets liquidated into CASH, then invested in Treasury bonds, bills or notes only.

      • Adam William Majkowski

        When people say “The internet can be hacked and we can’t depend on those results,” I say ” The politicians can be hacked, are being hacked, and we know for a fact that we can not depend on them for anything. We may as well use the internet and vote ourselves. Who cares if it gets hacked? There are more people ready to vote than there are hackers, plus there are hackers on both dies of every issue. So it all equals out and democracy will win if we do it.”

      • Stephen Barlow

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      • Stephen Barlow

        Rice was part and parcel of the scheme. Powell I think was kept somewhat in the dark, and frankly, if he were as honorable as i thought he was, he should have outed them the day he found out and resigned right then.

        He could have bagged the lot of them with evidence STILL IN THE WHITE HOUSE.

        And our guys would have come home a decade ago and with 25,000 less casualties and 5000 less dead.

        Afpak would have been ended before the Speaker of the House would have been sworn in as President, 2006 would have had ZERO credible Republicans, the Democrats would have swept the Senate and the House and President Hastert would have been a DEAD DUCK President because the Congress would have chased the administration al the way to the Cayman’s where they THOUGHT they were extradition free.

        Here’s a question: “If America invades a nation with NO extradition treaty successfully, do they get to take civilians EX PAT Americans prisoner and extradite them for trial as frauds and war criminals?”

        Of course the economy doesn’t crash in 2008 if Powell had been honest from day one, because a whole slew of REREGULATION and staffing of regulatory agencies would have been WORKING by 2007 and 11 million homeless american families would not have lost their jobs or homes…

        Democracy would have WORKED, but ONLYIF, Powell had been an honorable man.

      • Patrick Scott

        As much disinformation and smoke screens thrown up to the world? Powell would be dead. He spoke of patience and caution as a way of stemming the wave to fight. The majority of the world was on America’s side. One lone voice saying,”Stop, they are lying!” Would never have been heard. Our government has killed more for less. There are people that believe we bomb the World Trade Center. That this was the neocons way of getting a democratic state in the Middle East. There were plans in place since for years before 9/11.

      • dickwadd

        When one assesses the amount of money to be made through America’s war in Iraq versus a lone administration dissenter, it’s not totally unreasonable to foresee Powell in jeopardy if he were a verbal, lone dissenter.

      • Stephen Barlow

        I hear you. Sadly I agree in sociological terms, but NOT in principle. A man of true integrity and principles, would have NEVER gone along with that crap.

        So he would not have been heard until 2008. Funny how he kept up appearances as a good GOP lackey only to be fired within a week of the election tampering win by his Boss.

        If he had come out with the truth the day Rove launched the swiftboat lies… America surely would have put Kerry @ the helm and with perhaps a Dem House in 2004. Much good could have been done to prevent much bad.

      • dickwadd

        Obviously you believe Powell had a higher obligation to the people of the United States than he had to the President of the United States. That was the question he well could have faced. His choice to do what he did had terrible consequences for many thousands of people, American and Iraqi. But, in the end, we have no accurate picture of the pressures put upon him and why he made the decision to go along with the sham. I wouldn’t be at all surprised that he regrets what he did and why he did it.

      • Stephen Barlow

        And we most likely never will know. Although John Dean is broke and now that Nixon is dead, he’s hawking his story with PROOF that Nixon was more than just a crook.

      • Robyn Ryan

        As a commissioned officer, I would rather resign my commission than lie to the American public. Guess that’s why i never made col.

      • dickwadd

        I worked (as a civilian) with military officers and often wondered just what it took to rise through the ranks. I met some officers that I truly respected. The Captains (USN, USCG) I met always made me a little uncomfortable.

      • Willie Wilson Jr

        They kicked Powell to the curb

      • Patrick Scott

        Colin Powell repeatedly asked for caution and restaint from his State Department seat, but was ignored. Rumsfield even call Powell a dove because he was so against this lie.

    • Stephen Barlow

      They are not liable for their own DEFENSE costs? This is criminal!

  • gravi55


  • Corey

    “Saleh” does not seem like a Christian or “white” name. So, it’s a great attempt, and Id even donate a body part if these war criminals are sent to the electric chair or better yet, get the Charlie Mason-type sentences where appeals are asked for but always denied or allowed and always basically go no where. I have little hope any of the Bush admin will be held accountable as the USgov does not respect the International Court or follow international law, for themselves that is. I even emailed the ICC when Bush was in WH, the reply, basically said I had to ask those in USGov for help. What needs to happen is, outside intervention. In what shape or form I don’t know.

    • dickwadd

      “electric chair”?? What part of civil vs. criminal do you not understand? Here’s an example: OJ found not guilty of murder ( a criminal matter), He did not receive a punishment. OJ found guilty in a civil trial and was ordered to pay compensatory damages to the Goldmans. NO one goes to jail in a civil matter which is what the Saleh suit is all about: compensation for those adversely affected by the US assault of Iraq. Now, should Bush and others be tried criminally? I think they ought to be, but don’t think they will.

  • MadameDelphi

    Will they have to pay $$$ at least?

  • Nemisis

    The only problem I see with this is that there was never a declaration of peace from the war that started in 1989.
    We had a few years of broken agreements, et al. It is interesting that there is evidence that suggests planning prior to bush being elected, by the administration that would become the bush administration.

    As much as I would like to see the Bush administration strung up by the short hairs I just have a problem with the complaint. I firmly believe that we had the authority to enter Iraq for violations of the Cease Fire agreement.
    We did not need the WMD line of bs, or not. This should have been done prior to Clinton. IMO.

    • surfjac

      Considering sanctions, no fly zones, all of that plus the stabilizing power Saddam did have and his pariah status, I would agree about not needing the WMD line of BS, just the blow-back of removing him though was not worth the effort or the cost of blood and treasure.

      • Nemisis

        As implemented I agree. Leaving the general population armed was a major blunder. It removed the ability to know the foe. Is that a guy walking home from market or is that a guy about to shoot us? We were not “an occupying force” but we should have been. We had a responsibility to the Iraqi people to protect them and arm and train them to defend their new democratic way of life. Since not all of them were on board with that we should not have given the insurrectionists the ability to hid within the population.
        Only after a proper government was in place and proven to the people that it was theirs, should the re-arming of civilians be allowed.
        That, however should have been done in the ’90s.
        It’s easy to say that this armchair tactics after the fact, but the fact remains, this is what I would have done at the time, and in the ’90s I said as much and predicted that we would have to go back into Iraq, and that we would eventually lose Iraq. When GW1 started and the ground campaign had such success it was because the general was allowed to succeed. Learning nothing from WW2 and Vietnam, our political machine took control of the war and we immediately lost (imo) any momentum gained, and in light of what has happened in Iraq in 2014. I count this as a loss overall. We won the war but lost the battle.

      • Charles Vincent

        Both of you are missing the fact that Saddam was installed in Iraq by our government and it bit us in the end now didn’t it.

        “”The U.S. involvement in the coup against
        Kassem [General Abdel Karim Kassem] in Iraq in 1963 was substantial. There is evidence that CIA agents were in touch with army officials who were involved in the coup.
        There is evidence that they [CIA] supplied the conspirators with lists of people who had to be eliminated immediately in order to ensure success. The relationship between the Americans and the Ba’ath Party at that moment in time was very close indeed. And that continued for some time after the coup.
        I have documented over 700 people who were
        eliminated, mostly on an individual basis, after the 1963 coup. And they were eliminated based on lists supplied by the CIA to the Ba’ath Party. So the CIA and the Ba’ath were in the business of eliminating communists and leftists who were dangerous to the Ba’ath’s takeover.
        And what gave the whole program of acquiring unconventional weapons an impetus was in the 1970s. The main aim of the West was to pry Saddam away from Russia. And in order to do that , they were bribing him. They were giving him everything he wanted. In the 1980s, the reasons changed [for helping Saddam]. …Khomeini appeared on the scene and the West decided that Saddam was the lesser of two evils. And they continued to support him and give him what he wanted. In this case, including credit.””

  • raypc800

    If they are found guilty in this case. This just might put a fire under the United Nations and they could start an investigation themselves. This would send all of the Bush Administration members under the deepest rocks with the cockroaches.

  • Sandy Greer

    It seems to me it’s indisputable – the lady’s Cause is Just.

    But Lefties eager for War Crimes charges should be careful what they wish for. The hands of no Administration are clean. Not even our own.

    I note, with some irony – DoJ is defending this case. And that even defense “is clear-headed about the prospects for conviction”.

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        Still won’t get a job. People will know how much of a dumbass you are.

      • Sandy Greer

        William Fite – I respectfully ask you not to insult anyone who posts to me. You’re free to disagree, but please – no insults under my OP.

        People do me a Courtesy – when they read, and post, to me. I’d hate to see them abused, for their trouble.

        I’d speak the same, for you.

        Also, if I’m not too bold – Could you consider an avatar, and become a real member of our community – rather than post as a guest? Seems to me somebody like you should stand out from the crowd of ‘shadowy silhouettes’. Sometimes, if we’re in a hurry – we don’t read the faceless guests. You shouldn’t look like so many others. 😉

      • William Fite

        I guess you haven’t read giankeys luvs shemale porn in response to my posts. So you if you want to be taken seriously you need to do the same with him. Being a guest is good enough for me. Don’t need an avatar. But I will consider becoming a member.

      • Sandy Greer

        Well, you’re right; I hadn’t read your OP. But did read his response; my upvote on it should assure you of that.
        Insults traded between you and others are not my business – unless they occur under my OP – for no purpose other than to insult, as yours were here. And then I have a right to ask – with dignity and respect, as I did you – they not occur under my OP.
        Nonetheless, your answer to me is duly noted.
        Faceless avatars, who insult others as a matter of course – shouldn’t be surprised to they are not read. Nor surprised their words fall on deaf ears; they preach to their own choirs – in the wrong church.

        But you don’t have to take me seriously.

        Amusement is sure to follow in your wake.

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      • William Fite

        You wrote, “And then I have a right to ask – with dignity and respect, as I did you – they not occur under my OP.” You have the right to ask, but I still do not have to follow. This is a public forum. In my opinion you have sunk to his level when you excuse him just because it was not under you OP and not admonish him for doing the same.

      • giankeys luvs shemale porn

        why should she admonish me as I have NOT disrespected her? Im am destroying YOU and maggots such as U who are bereft of facts; ignorant of reality ( based UPON real facts) an then U plead for others to do your dirty work.
        please continue; and lets review facts upon all aspects of the government; the history ( recent) of democratic and republican policies— and their resultive “fruits” ushered upon ALL americans and If U like we can compare my current lifestyle and positives/negatives with YOUR insipid and vacuous “life”; shall we?
        lets start with a photo– or subsequent series of photos– of your anatomically aesthetically “less than” self,,,,,,,,,,,,,,,,,,,,,,,,,,,,
        keep crying– I LOVEloveLOVE to eviscerate low IQ mugwumps such as thee

      • Sandy Greer

        I asked, with respect, and said initially I ‘hoped’ you’d
        accommodate me. I always recognized your right to refuse.
        But. I can hardly expect him to refrain from insults, when you yourself do not. Further, you posit I am not to be taken seriously – because I suggested it.

        You ‘get to’ have a poor opinion of me. My self-worth does not depend on your good opinion of me, fortunately.

        Notice, if you will, how I take care not to insult you in
        return – for the two insults you give me – merely for suggesting a better way. This is where my self-worth is born.

      • giankeys luvs shemale porn

        sandy,,,,,sandy,,,,,,sandy— Im gonna hate U now 4 being so polite and correct with this ” William fite” coelacanth
        OHWAIT: today is opposite day
        I luv ya!

      • giankeys luvs shemale porn

        hey crybaby——————- U vanished; maybe to create another white trash regressive ” guest” on here? where did ya go??? I was enjoying mangling U on a quotidian basis,,,,,,,,,,,,,,,,,, ” come back shane; come back”

      • William Fite

        I have to admit this is too funny. I usually don’t engage in name calling, but when someone comes out of left field and has to use that for his/her argument I had to respond. Now you have accused me of not using my real name and trolling. But by your own admission, you are not using your real name. Who looks the fool, not me. By the way good luck on your capitalist businesses. Just remember you did not build them. And good luck in your life, I will not respond to any more of you immature name calling antics, but then again I just might, depending on the mood I am in at the time. But if you want to have a mature debate on issues I will be happy to oblige and give you one.

      • giankeys luvs shemale porn

        excellent!! lets start with comparing repub ( federal) policies VS democrat policies over the past 25 yrs- and the results of those policies for ALL americans; shall we?
        NOTE: im highly aware that I didn’t build the foundation USED by me to make my business stronger- that’s why I don’t mind paying taxes ( but do my best to limit them legally)
        ………………and do NOT cry about name calling as the only diff between MY name calling of YOU and YOURS of ME is mine bit your ass harder. re-read thy posts above and tell me u didn’t ” name call”………so now we see that you have fallen into the typical regressive repub bavardage of getting hammered for what YOU EXACTY WERE DOING ANYWAY
        ahem– shall we compare those policies now?
        I cannot WAIT to play with this board game

      • giankeys luvs shemale porn

        hey crybaby– when U REPLY to MY REPLY to SOMEONE ELSE and I excoriate you ( as now others are also doing) and then you ” double down” by insulting OTHERS as 2 attempt to back up YOUR infantile paucity of intellect……………..
        well– all I can say is: let the game continue!
        we DO luvluvluv white trash regressives who simply troll these threads– so; to quote YOUR president:
        ” please continue governor”

      • giankeys luvs shemale porn

        hey crybaby– “job”? that’s something YOU an cretins of thy ILK MAY possess— im a ( long time; since 1989) self employed CHEF who now just grabbed a 2nd L.L.C. to do antique car shows here in SE fla ( expanding to Ft. Myers/ naples and Orlando hopefully by dec 2015)
        seems as u are ( again) erroneous in thy nugatory rants. I am enjoying how sandy greer handed U your dripping skull in response to you crying.
        we , however DO appreciate all of U broken white trash regressive crybabies filling out the spots here with your jejune verbal offal

      • William Fite

        She doesn’t need to read how you like shemale porn.

      • giankeys luvs shemale porn

        hey Einstein: ( Einstein) Einstein:
        Gian Keys is a crybaby white trash regressive “republican” who is so lachrymose in his pedantic ( yet ignorant) retorts on these threads that I named myself after him; and something which I found out( gotta love the internet) about his “conservative” tastes.
        you’ve seen what I look like,,,,and my ( current) girlfriend–
        I can assure you that I do NOT need porn: and ‘shemale’ porn?
        ……………..that’s something republican religious ” conservatives” accrue
        oooops! seems you are looking rather brilliant again VIA not knowing!

      • William Fite

        Just shows how dumb you are to name your self like that. But I stand by my posts that it is really you who like the shemale porn. You did name your self that.

      • giankeys luvs shemale porn

        ahhhhh,,,,,,,,,,,,,,,,,,,,,,,, archtypal FOX “news” stultification!!

        another reason we liberals are slowly slaughtering U oligophrenial cretins…………………. your eyes wide shut

        would me changing my username to your phony William fite loves gay porn make U happier?

        Im not going2 as that not ur real name; u are just a lachrymose troll on here who has no hopes; is a white trash racist and could NOT get laid in a whorehouse with a Ferrari and a fistful of fifties

        PRAISE JEEEEESUS! and pass the tax free tithe

  • William Fite

    Just kind of curious why the liberals are only going after the Bush Administration and not going after the Clinton Administration for bombing Iraq for the same reason, Iraq having weapons of mass destruction. Could it be politics? Probably. Of course that is the reason.

    • Patrick Scott

      The same reason they are not going after Daddy Bush. Sadam was in violation of legitimate UN mandates that were their to protect the Kurss and Israel. Do you remember them firing Scud misses into Israel?

      • Charles Vincent

        “The Iraq Resolution or the Iraq War Resolution (formally the Authorization for Use of Military Force Against Iraq Resolution of 2002,[1] Pub.L. 107–243, 116 Stat. 1498, enacted October 16, 2002, H.J.Res. 114) is a joint resolution passed by the United States Congress in October 2002 as Public Law No: 107-243, authorizing military action against Iraq.”


        International law

        Further information: United Nations Charter and International law There have been no findings by any legal tribunal with both legal authority and legal jurisdiction that any laws were violated. There are only two legal tribunals with both authority and jurisdiction to make such a finding: (1) The US federal courts and (2) the United Nations. Advisory opinions are prohibited in US Courts and are also prohibited by the UN Charter unless the security council authorizes them. There are no relevant advisory opinions or legal finding regarding the legality. The United Nations security council has made no findings on the issues.

        International law – right of pre-emptive self defense

        There is no requirement in international law that the United States (or any nation) seek permission to initiate any war of self-defense.[25] “The United States government has argued, wholly apart from Resolution 1441, that it has a right of pre-emptive self-defense to protect itself from terrorism fomented by Iraq.[26] Although this position has been intensively criticized, without any legal finding for support, claims for legality or illegality are merely debates. To prove illegality it would first be necessary to prove that the US did not meet the conditions of necessity and proportionality and that the right of pre-emptive defense did not apply.[27]

        U.S. law

        Further information: Doe v. Bush, US Constitution and US law The invasion was reviewed by the US federal courts and it was determined to be legal.

        In early 2003, the Iraq Resolution was challenged in court to stop the invasion from happening. The plaintiffs argued that the President does not have the authority to declare war. The final decision came from a three-judge panel from the US Court of Appeals for the First Circuit which dismissed the case. Judge Lynch wrote in the opinion that the Judiciary cannot intervene unless there is a fully developed conflict between the President and Congress or if Congress gave the President “absolute discretion” to declare war.[28]

        Legal debates – U.N. security council resolutions

        Debate about the legality of the 2003 invasion of Iraq under international law, centers around ambiguous language in parts of U.N. Resolution 1441 (2002).[29] The U.N. Charter in Article 39 states: “The Security Council shall determine the existence of any threat to the peace, breach of the peace,or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security”.The position of the U.S. and U.K. is that the invasion was authorizedby a series of U.N. resolutions dating back to 1990 and that since the U.N. security council has made no Article 39[30] finding of illegality that no illegality exists.

        Resolution 1441 declared that Iraq was in “material breach” of the cease-fire under U.N. Resolution 687 (1991), which required cooperation with weapons inspectors. The Vienna Convention on the Law of Treaties states that under certain conditions, a party may invoke a “material breach” to suspend a multilateral treaty. Thus, the U.S. and U.K. claim that they used their right to suspend the cease-fire in Resolution 687 and to continue hostilities against Iraq under the authority of U.N. Resolution 678 (1990), which originally authorized the use of force after Iraq invaded Kuwait.[31] This is the same argument that was used for Operation Desert Fox in 1998.[32] They also contend that, while Resolution 1441 required the UNSC to assemble and assess reports from the weapons inspectors, it was not necessary for the UNSC to reach an agreement on the course of action. If, at that time, it was determined that Iraq breached Resolution 1441, the resolution did not “constrain any member state from acting to defend mitself against the threat posed by Iraq”.[33]

        It remains unclear whether any party other than the Security Council can make the determination that Iraq breached Resolution 1441, as U.N. members commented that it is not up to one member state to interpret and enforce U.N. resolutions for the entire council.[34] In addition, other nations have stated that a second resolution was required to initiate hostilities.[35] Some have asserted that the war was an illegal war of aggression, and Kofi Annan, former United Nations Secretary-General, expressed the belief that the war in Iraq was an “illegal act that contravened the U.N. charter.”[36]

    • giankeys luvs shemale porn

      Clinton didn’t INVADE———-Clinton didn’t send 4400plus American soldiers to their DEATHS——Clinton didn’t take a SURPLUS and a HEALTHY growing economy and send it near depression and a HUGE deficit
      any other inquiries?

      • William Fite

        No, but he did bomb an aspirin factory. But then again you missed the point, typical progressive dumbass. He bombed Iraq because they had WMD’s. Or were you watching your shemale porn and missed that?

      • strayaway

        I’m still trying to figure out Clinton’s basis for bombing Serbia killing between 500-2,000 Serbs.

      • giankeys luvs shemale porn

        yeah,,,,,,,,,,,,,,,,,,,,,,,, as U annoying spin away ( again) from the dead A.M.E.R.I.C.A.N.S. ( 4400PLUS- thousands maimed 4 life) ,,,,,,,,,,,,,,,,,,,
        lets see- which is more heinous: dead eastern euro trash or dead American soldiers??
        Hmmmmmm,,,,,,,,,,,help me out here: and factor in the crushing of our budget surplus laden economy which created 23million (plus) jobs under Clinton and the stagnation and paucity of job creation– along with biggest deficit ever ( and debt ever at time) under GW
        answer— ” Benghazi”

      • giankeys luvs shemale porn

        ya’ mean those WMDs which the entire global community has now accepted as NEVER being there?
        awww,,,,,,,,,,,,,,,,,,,,,, U faw’ down and go BOOM again?

      • William Fite

        Yea the WMD’s that Clinton said Saddam had. So why aren’t you saying that Clinton lied?

      • giankeys luvs shemale porn

        did Clinton invade(NO) did Clinton have over 4400 brave American soldiers killed –and thousands wounded and maimed(NO) did Clinton turn a thriving , JOB PRODUCING economy with a huge surplus into a dried out and catastrophic recession/ biggest deficit ever (NO) did Clinton have his brother wheel and deal to get elected ( see: FLA 2000) NO…………
        now- im aware that’s not important to U regressive white trash cowards as U put on your FOX “news” Tshirt and yell ” Benghazi”

    • Aloanstar

      Oh, I guess I must have missed that part when Clinton was in office….I don’t remember him of lying to Congress and the American people about WMD in order to invade Iraq, not caring what the UN thought about it and leave so much destruction, death and debt behind him. Funny, I didn’t realize it was Clinton that put the US in such a chaotic and poor state when he left office….seems to me we were in the black, not the red.

      • William Fite

        Let’s see Clinton bombed Iraq because they had WMD’s. If bush was lying then Clinton was lying.

      • Aloanstar

        I missed that war….how many troops died during that invasion?? Wow…a war and no one went….that is amazing.

      • William Fite

        Who said Clinton went to war. I certainly did not. But you are deflecting the fact that Clinton bombed Iraq for the same reason Bush went to war to get Saddam out.

      • Charles Vincent

        http://www DOT snopes DOT com/politics/war/wmdquotes DOT asp

        Clinton direct quotes on wmds in Iraq

        “Clinton that put the US in such a chaotic and poor state when he left office….seems to me we were in the black, not the red.”

        Clinton cooked the books by taking money from the SS fund to make it look like there was a budget surplus.

        http://www DOT politifact DOT com/truth-o-meter/statements/2010/sep/23/bill-clinton/bill-clinton-says-his-administration-paid-down-deb/

        and Giankeys even agrees;

        gian keysTOOEASY flat mom Charles Vincent
        • 5 months ago
        a lot— pandering to base to get
        elected; raising debt,,,,,, signing legislation which ( eventually) sucked
        Clinton balanced budget( on a technicality)”

  • Adam William Majkowski

    We need to put them on criminal trial ourselves before they get away and die off. A civilian run, outdoor, public, and internet broadcasted trial. I am asking for the death penalty for the president and ALL of his servants who serve wall street. From all the generals down to every single private in all brancehs of teh military. All must be put on trial. All veterans. All cops. Must prove to us that they did not kill, terrorize, rape, or hurt anyone ever. This is a guilty until proven innocent court. Those who serve wall street must prove their innocence. This includes all CEO’s as well and all major shareholders.

    • William Fite

      So much hatred for the people that is keeping it a right for you to write such an ignorant comment.

      • Adam William Majkowski

        I am not capable of hatred and no ignorant soldier does anything for me. My government holds me back and makes my environment poison to live in. My nation’s military has made the world far more dangerous than it has to be. My rights are fought for by me and other protestors who demand them. I will say and write what I want regardless of whether or not you morons are running around killing people all over the world. I will do whatever I please, and I am the only one protecting my own rights. You loser soldiers need to take a look at what you are shoveling. You are not a hero. You are a loser and probably a murderer.

      • giankeys luvs shemale porn

        trust me,,,,,,,,,,,,,,, willie boy fite is NOT a soldier
        he is a small dicked /small brained regressive white trash chowderhead who follows OTHER religious tea party trash

      • William Fite

        You are not capable of hatred? I guess your post is really nice with no name calling or anything like that. You are just an ignorant, let me rephrase that, a stupid ass progressive that can’t see or think for themselves.

      • giankeys luvs shemale porn

        really? Iraq was a threat to the us?
        explain exactly HOW!!!
        U idiotic white trash regressive lemming— shall we have U preach to the families of the 4400PLUS dead and thousands MORE maimed American soldiers as 2 how it was ‘WORTH IT”???

      • William Fite

        Go back to your shemale porn. You are to ignorant and stupid to have to explain anything to you.

      • giankeys luvs shemale porn

        ahem……… hey ” Einstein”–
        it is spelled “TOO” ; not “TO”
        missed spelling in your grade school; eh?

      • Guest

        Your too much of an idiot to know what i messed up on was grammar, not spelling. Nice try though.

      • giankeys luvs shemale porn

        TOO…..not TO
        seems U are cascading towards the ostensible personal mediocrity shown throughout these posts
        the audience is applauding

  • andy

    This is a total waste of time and money. I’m sure George, Dick and all The others got a great big belly laugh out of this. We can’t prosecute bankers caught red handed and we’re going to touch them with a thousand foot pole? Lol

  • andy

    Next were going to hold them and there other buddies in the American government responsible for the 911 terrorist attacks accountable too!

    • Stephen Barlow

      It’s part an parcel of the same criminal mischief.

      Roosevelt ignored a message, killed 2200+ in Pearl Harbor.
      Bush ignored credible corroborated intelligence (6 times more credible than WMD) and allowed 2900+ to perish on 9/11.

      • Adam William Majkowski

        They broke ground for the pentagon on September 11, 1941. There are people who believe that pearl harbor and the world trade center thing were planned by 1942 and it was carried out on 9/11 as a celebration. All evidence points to our military either being directly involved, or simply leaving us to die.

      • Stephen Barlow

        Or maybe 9/11 was an FU from the Arabs for the Us military. Lincoln secretary was kennedy, Kennedy’s was lincoln…

      • Adam William Majkowski

        I have watched all the documentaries about 9/11, every single clip about it on youtube, and I was actually there in person looking at it from the NJ Turnpike with a perfect view of the towers burning. Any american who cares about our country will have done the same and will have concluded that the official story is a total lie. Buildings do not turn to dust when hit by planes whether or not you belive ther ewer any planes. I never saw any and I was there in person. But I was not looking at it the entire time. I was driving to work in North Bergen. So I saw the first tower burning, and then a few minutes later I saw both of them burning. I never saw or heard any planes or any crash. You can see the entire city from exit 16E on the turnpike northbound. A perfect view.

  • Stephen Barlow

    My condolences for you friend Dan, and all the friends of all of us who were BETRAYED three times by the Bush Administration.

    First, for have NEVER been considered as HUMAN. Only considered as tools and pawns in a selfish game of greed and revenge.

    Second, for being deceived into becoming the murderers of countless innocent men, women, children, infants, fetuses, embryos, zygotes, sperm and eggs. (If the RIGHT really BELIEVE life begins @ conception, then they ABORTED 10’s of THOUSANDS in Iraq)

    Thirdly, for unfunding and ignoring their crucial medical needs. So villanously that the Bush administration even conned TBI wounded soldiers into signing away their honorable discharges and ALL their promised benefits with the 513 discharge program.

    I have yet to see an Executive order restoring the rights, benefits and honors these brave AMERICANS not only deserve, but earned in the hardest way possible.

    Put Me on that jury!!

    • giankeys luvs shemale porn

      superb stuff my man!!!

  • giankeys luvs shemale porn

    let us all——for a few moments– pretend we can visualize FOX ”news” crying about this as a conspiracy/coverup/distraction/ partisan ploy etc designed by Obama and the communist liberal media and secular anti -American anti-Christian anti -earthling (!!) sharia law white hating food stamp/welfare nanny statists to keep those GREAT americans ( see: republican patriots/2000 administration) blamed — by DICTATOR OBAMA- for EVERYTHING as we all know ( via “fair & balanced” FOX NEWS) is the only thing this current administration can do with aplomb.
    war criminals? how can they be ” war criminals” after all the terrific income it brought to so few americans ( haliburton ETC) and the engendering of “democracy” in that despotic land? NOTE: for all his foibles- SADDAM kept IRAN under wraps; now with him gone we have the TRUE fruits of the IRAQ war……. IRAN ( again) on the international stage as a unmitigated threat to the region- especially ISRAEL.
    remember: VOTE regressive republican in November!!! lets us revel in the glory of those successful republican policies over the past 25 yrs: both nationally and INTERNATIONALLY!

  • Patricia Hebel

    Sad to say, while most of us would like to see jail time, hurting them in the pocket book really hurt them. Hope they end of penniless!

  • Sam

    Isn’t there a way we can get them for the tragic misuse of our treasure and the time we could have spent on things we NEED. NEED. NEED!! We are that many years and dollars behind on Climate Change preparations, becoming energy independent in a way that doesn’t just mean some other fossil fuel company gets rich, *infrastructure* (!!), sorting our education woes, health care, tax reform, caring for the weakest and most vulnerable among us…

  • Jim Bean

    Setting a precedent that ‘no one is above the law’ would be catastrophic for Barack Obama (key words being ‘no one.’)

    • giankeys luvs shemale porn

      I suspect strongly that a man who taught constitutional law and is a constitutional lawyer ( OBAMA) jes’ might know whats the law and what isn’t.
      ,,,,,,,,,,,,,,,,,,,,,,delightfully: regressive crybaby republicans in power concur ( as they murmur)

  • v2787

    Why in the world would the Department of Justice be defending the six Bush Administration officials? Why should my tax monies be used to defend war criminals?

  • me

    Don’t judge Powell and rice to quick. Those others are stone cold killers. They are the worst mafioso. I’m not sure what if go if Cheney suggested I do something, then mentioned my family and children. No where on earth to hide from those evil evil people. Cheney is the devil spawn

  • decentdad

    I’m in favor of sending every politician that voted for the Iraq invasion to jail. The guilt shouldn’t fall only on a few people, because a culmination of people voted to grant the permission to invade Iraq. Also if we really want to address “WAR CRIMES”, we should note that Obama has killed several thousands with drone strikes and his troop surges in Afghanistan. So if Bush killed 100,000 people and Obama only ordered drone strikes to kill 4,000, it’s still mass murder. Treason could also be a charge that would apply to Obama’s arming the Muslim brotherhood. The same weapons used against Ambassador Stevens were given to the terrorist’s, to over throw the Libyan government. Many billions of dollars have been given to the enemy by Bush and Obama, through weapons depot’s throughout the world, so both are guilty in my book.

  • But it’s a civil suit. So one wonders what the ultimate repercussions would be should Dick and Bush lose. Something tells me it’ll lack the sting of something delivered formally from The Hague and the like.

  • Boomer

    Lies are what Obama told us about Obamacare that many Americans would be able to keep their insurance and it would actually cost them less. Lies are what Obama and Hillary told the American people that it was a video that caused the murders in Bengazi of our Ambassador and 3 brave Americans because the truth that it was actually a terrorist attack or sending in military support for them might hurt the election. Lies are what Obama told the American people in response to the IRS harassing hundreds of conservative groups vs. 7 liberal groups with applications for tax exempt status. These lies are real, folks, and Reid’s refusal to bring up any bills from the House and Obama’s continual use of his ” pen and phone” to bypass our legislative branch are threats to the liberties of all of us.

  • OldCowboy

    As former administration officials, the Justice Department has to defend them. Also, since they were acting in their official capacities, any award the class gets would be paid for by the Federal Government. That being said, it would certainly be nice to have a civil judgement against them.

  • StreetJustice

    Manny Schewitz, the case was dismissed in May, do some research before you post..

    GEORGE W. BUSH, et al., Defendants.

    Case No. 13-cv-01124-JST.
    United States District Court, N.D. California.

    May 19, 2014.

    JON S. TIGAR, District Judge.

    In this putative class action for claims arising out of the United States’ involvement in the Iraq War, the United States moves under Federal Rule of Civil Procedure 12(b)(1) to dismiss the operative complaint. For the reasons set forth below, the Court will grant the motion with leave to amend.


    Plaintiff Sundus Shaker Saleh brings this action on her own behalf and on behalf of a putative class of Iraqi civilians against former President George W. Bush, former Vice President Richard Cheney, former Secretary of Defense Donald Rumsfeld, former National Security Advisor Condoleezza Rice, and former Deputy Secretary of Defense Paul Wolfowitz (“Defendants”). First Am. Compl. (“FAC”), ECF No. 25. Saleh alleges that Defendants committed the “crime of aggression” when they engaged the United States in war with Iraq. FAC ¶¶ 2, 8-14, 129-48. Saleh alleges that Defendants’ actions violated “accepted customary norms of international law,” as well as other established sources of international law, including the Kellogg-Briand Pact, the Nuremberg Charter, and the Charter of the United Nations. Id. ¶¶ 103, 133.


    “If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3). A defendant may raise the defense of lack of subject matter jurisdiction by motion pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The plaintiff always bears the burden of establishing subject matter jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994).

    “A Rule 12(b)(1) jurisdictional attack may be facial or factual.” Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). “In a facial attack, the challenger asserts that the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction.” Id. “By contrast, in a factual attack, the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction.” Id.

    In considering a facial attack, the court “determine[s] whether the complaint alleges `sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'” Terenkian v. Republic of Iraq, 694 F.3d 1122, 1131 (9th Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “If the defendant instead makes a factual attack on subject matter jurisdiction, the defendant may introduce testimony, affidavits, or other evidence” and “[u]nder these circumstances, no presumptive truthfulness attaches to plaintiff’s allegations.” Id. (citation and internal quotation marks omitted).


    The United States moves to dismiss the operative complaint on the ground that the Court lacks subject matter jurisdiction over it. The United States contends that the Westfall Act requires the substitution of the United States for the individual Defendants because Saleh’s claims are premised on the acts of government employees that were performed within the scope of their government employment. The United States further argues that, once this substitution occurs, all claims in the complaint must be treated as arising under the Federal Torts Claims Act (“FTCA”). The United States contends that the Court lacks jurisdiction under the FTCA because Saleh has not shown that she exhausted her administrative remedies prior to filing this action.

    The Court addresses each of these issues in turn.

    A. The Westfall Act

    The Westfall Act confers immunity to federal employees “by making an FTCA action against the Government the exclusive remedy for torts committed by Government employees in the scope of their employment.” United States v. Smith, 499 U.S. 160, 163 (1991); 28 U.S.C. § 2679(b)(1). The Act provides that:

    Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such a claim in a United district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.
    28 U.S.C. § 2679(d)(1).

    “Certification by the Attorney General is prima facie evidence that a federal employee was acting in the scope of her employment at the time of the incident and is conclusive unless challenged.” Billings v. United States, 57 F.3d 797, 800 (9th Cir. 1995). The party seeking review of the certification “bears the burden of presenting evidence and disproving the Attorney General’s certification by a preponderance of the evidence.” Id. (citation omitted).

    Here, the Attorney General has certified that each individual Defendant was acting within the scope of his or her federal employment when performing the acts at issue. Saleh presents no evidence to challenge the certification’s conclusion that Defendants were acting within the scope of their employment.[1] Instead, Saleh relies on allegations in the complaint, which are not evidence, to argue that Defendants’ conduct was motivated by personal goals and not by the duties of the offices they held.[2] See Opp’n at 37-38 (citing FAC ¶¶ 26-33, 92, 34-54, 41, 42, 59, 60, 54, 77, 83, 85). Accordingly, because Saleh has failed to challenge the Attorney General’s certification, this action shall be deemed an action against the United Sates and the United States shall be substituted as the sole Defendant. See 28 U.S.C. § 2679(d)(1).

    B. The FTCA’s Administrative Exhaustion Requirement

    The FTCA provides that “[a]n action shall not be instituted upon a claim against the United States . . . unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency. . . .” 28 U.S.C. § 2675(a). Because the operative complaint is devoid of any suggestion that Saleh filed an administrative claim with a federal agency prior to filing this suit, the Court is without jurisdiction to adjudicate her claims. See Valadez-Lopez v. Chertoff, 656 F.3d 851, 855 (9th Cir. 2011) (“The requirement of an administrative claim is jurisdictional. Because the requirement is jurisdictional, it must be strictly adhered to. This is particularly so since the FTCA waives sovereign immunity. Any such waiver must be strictly construed in favor of the United States.”) (internal citations and quotation marks omitted); see also McNeil v. United States, 508 U.S. 106, 113 (1993) (holding that the “FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies”).


    The United States’ motion to dismiss for lack of subject matter jurisdiction is GRANTED. Saleh may file an amended complaint within twenty days of the date this order is filed that addresses the deficiencies identified in this order. A failure to do so will result in the dismissal of this action with prejudice.


    [1] On behalf of the Attorney General, the Director of the Torts Branch of the U.S. Department of Justice has certified that each individual Defendant in this case was acting within the scope of his or her federal employment with regard to the incidents out of which Plaintiff’s claims arise. See Certification of Scope of Employment, ECF No. 19-1.

    [2] Saleh devotes the lion’s share of her brief to the argument that the complaint cannot be dismissed in light of the purported incorporation of the “crime of aggression” into federal common law.

  • Willie Wilson Jr

    Something should be done