Support first US-Iraqi lawsuit against Bush Administration about the Iraq War

Amwkg8zoar2sq2lakbgx
Help fund US and Iraqi lawsuits against George W. Bush and the Bush Administration related to the Iraq War.
Uasdf699m0pkmqu3d3k0
Inder Comar
Community
San Francisco, California
United States
1 Team Member

Support first US-Iraqi lawsuit against Bush Administration about the Iraq War is sponsored by Shareable.net which supports projects that help people share.

MAJOR UPDATE (May 13, 2013)

COUNSEL Inder Comar is in Amman, Jordan to meet with a community of Iraqi refugees affected by the war, including the plaintiff Ms. Sundus Saleh!

We are now hoping to take in $1 donations from as many people as possible in order to show the court that there is broad public support for the lawsuit! 

Indiegogo has permitted us to lower our target so that we can take these $1 donations.

Help us by donating $1 to show your support for a trial about the Iraq War AND by telling a friend to do so!!

Executive Summary

On March 13, 2013, San Francisco Attorney D. Inder Comar of Comar Law filed a complaint against George W. Bush, Richard Cheney, Paul Wolfowitz, Donald Rumsfeld, Condoleezza Rice and Colin Powell for planning and waging the Iraq War in violation of Nuremberg.
 
In the complaint, Comar represents an Iraqi refugee and single mother now living in Jordan in a class action suit, alleging that the planning and waging of the Iraq War violated the Nuremberg principles.
 
Comar is seeking to raise as many $1 donations as possible to show broad public support for a trial!!
 
The Iraqi Plaintiff Sundus Shaker Saleh with her family:
 
Plaintiff Saleh
 

The Impact

By supporting the Legal Defense Fund you will be:

  • Supporting the first trial against the Bush Administration related to the Iraq War.
  • Demanding accountability of government leaders, and telling them they cannot deceive the public about issues of war and peace.
  • Affirming the American values of due process and that no person is above the law. 

Other Ways You Can Help

  • Please share the word about the lawsuits!!
  • Sign our petition on change.org (http://t.co/DN4WrxBT1H)
  • Use the Indiegogo share tools!

Other Media

Short Summaries of Lawsuits

In Saleh v. Bush, plaintiff Sundus Shaker Saleh alleges that the Iraq War was a premeditated war against the Iraqi people, the planning of which started in 1998. The war was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and under international law constituted a crime of aggression.

[Copy of the Saleh v. Bush complaint]

Frequently Asked Questions

What does the lawsuit say?

Saleh v. Bush involves a claim by an Iraqi woman that the Bush Administration violated the laws set down at the Nuremberg Trials. The plaintiff alleges that members of the Bush Administration planned the war since 1998 and then scared and misled the public into supporting the war in 2002, once they came into power.

The plaintiff suffered property loss during the war, and is now a refugee living in Jordan.

In planning and executing the war, the plaintiff alleges that members of the Bush Administration committed the “crime of aggression.”

What is the “crime of aggression”?

The crime of aggression was the chief crime prosecuted against the Nazis at the Nuremberg Trials. The crime of aggression takes place when a country prepares and plans a war against another country without a legal justification, such as self-defense or when authorized by the United Nations Security Council.

American prosecutor Robert Jackson argued that the harms caused by the Nazis, including the genocides, were the “poisonous fruit” of a much bigger crime, which was the original breach of the peace.

In other words, had the Nazis never planned their wars, their war crimes and crimes against humanity would have never happened in the first place.

The lawsuit alleges that the Bush Administration committed the crime of aggression in planning the war since 1998 and then scaring and misleading the public into supporting the war.

What’s the evidence that the Bush Administration planned the Iraq War?

The lawsuit alleges that in 1998, Defendants Cheney, Rumsfeld and Wolfowitz publicly advocated the invasion of Iraq in order to further the aims of US foreign policy. They did so through their non-profit, the Project for the New American Century (“PNAC”). Many if not all of the letters and articles advocating the invasion of Iraq (some of which are personally signed by Rumsfeld and Wolfowitz) remain on their website.

The lawsuit alleges that once in government, these three men and the other Defendants agreed to invade Iraq, planned out the war, and then scared and misled the public into supporting it.

The lawsuit cites as evidence books written by Richard Clarke and Scott McClellan, articles from the New York Times and the Washington Post, comments made by Colin Powell after he left the Bush Administration, and the “Downing Street Memo,” a leaked British Memo circulated in 2002 which indicated that the Bush Administration was planning the war.

How can an Iraqi woman sue in US court?

The Iraqi plaintiff has invoked the jurisdiction of the federal court based on the Alien Tort Statute (28 U.S.C. sec. 1350), a law passed in 1789. The Alien Tort Statute permits a non-US national the ability to sue in federal court for injuries “committed in violation of the law of nations or a treaty of the United States.”

Isn’t the President immune from a civil suit stemming from actions he or she takes while in office?

In 1982, the United States Supreme Court held in Nixon v. Fitzgerald, 457 U.S. 731 (1982), a 5-4 decision, that the President of the United States has civil immunity for actions taken while in office.

The lawsuit acknowledges this case, but distinguish Nixon by stating that the President remains liable for violations of bedrock customary norms of international law. In other words, if a President commits genocide, torture, or — in this case — the crime of aggression, the lawsuits argue the President can still be subject to civil liability.

The lawsuit argues that if the court finds that Nixon is on point, then it is wrongly decided and should be overturned based on the conduct of the Bush Administration.

Finally, Nixon on its face applies only to the person who was president, and does not apply to other members of the Executive Branch.

Have you heard of the political question doctrine? Won’t the lawsuits be thrown out on that basis?

The political question doctrine forbids courts from adjudicating political issues. The federal courts have held that some clauses of the Constitution (like the Guarantee Clause, which requires the states to have republican forms of government) are so political it would be inappropriate for a court to adjudicate a dispute on those issues.

It is very likely the Defendants will argue that the war-making power is a political question, which the court has no jurisdiction to decide. However, the plaintiffs will argue that whether any given war constitutes “aggression” is a purely legal question, the very legal question that was decided at Nuremberg. Because Nuremberg set legal precedent for purposes of international law, and because the US federal court is now being asked to decide a question of international law based on Nuremberg, the question of whether the Iraq War constituted “aggression” is, by logical conclusion, a legal question that can be determined based on the alleged facts.

What if I am uncomfortable with these lawsuits?

The idea of suing former administration officials over a controversial war strikes some people as offensive. Witness Iraq believes the opposite. For over 800 years, the common law legal tradition has been based on the idea that no person — including the king — is above the law. Presidents are not kings, and there is no sound reason why the actions of a president cannot be scrutinized by a court of law. If a CEO lies to her shareholders, the CEO is investigated. If a person commits an accident and someone dies, that person is investigated for possible negligence or wrongdoing. Presidents have tremendous power over the lives of others, both in the US and overseas. If that power is misused, America’s system of checks and balances mandates that a court examine such abuse.

If a court permits this lawsuit, won't every President be sued for his or her actions once they leave office by plaintiffs?

Government officials are already sued all the time. State leaders, for example, are already subject to federal lawsuits under 42 U.S.C. sec. 1983 (the Ku Klux Klan Act / Civil Rights Act of 1871). The United States Supreme Court recently narrowed the ability for plaintiffs to sue government officials by requiring they show direct conduct by that official in causing their harm. Former Bush administration officials like John Ashcroft and John Yoo have been sued by plaintiffs, and the courts were able to appropriately handle those cases.

What about Congress? Congress can always investigate. Isn't the appropriate remedy  a Congressional investigation?

A Congressional investigation is warranted with respect to the Iraq War. But these are not mutually exclusive remedies. Congress is not in a position to adjudicate legal issues, which are the province of a court. If a legal remedy exists to a plaintiff with respect to possible lawbreaking, and if a court has jurisdiction, the common law permits a plaintiff to submit a civil claim against that defendant.

Is there a risk of sanctions because of these lawsuits?

The lawsuits ask questions that make many people uncomfortable, as they deal with issues of life and death and war and peace. But the legal theories have been generally thought through and explained in the complaints. A court may disagree with those theories, or rule that it cannot overturn existing precedent, but that’s a very different thing that finding a petition so frivolous or baseless as to be sanctionable conduct.

The First Amendment guarantees the right of a plaintiff to petition the court for redress. Even Orly Taitz, the lawyer who has gone to court several times over  President Obama’s birth certificate, was given her day in court. Witness Iraq submits that the Iraq War lawsuits have far greater weight than that issue

 

Find This Campaign On
$6,166USD
raised by 70 people in 1 month
103% funded
0 time left
$6,000 USD goal
Flexible Funding This campaign has ended and will receive all funds raised.
Campaign Closed
This campaign ended on May 24, 2013
In partnership with
Select a Perk
  • $1USD
    One Dollar For Justice

    Play a role in this historic civil attempt. With a single dollar, tell the world that you support a trial against the Bush Administration.

    4 claimed
  • $5USD
    Thank you email from Comar Law

    For a five dollar donation, happily receive a giant thank you in a personalized email message from Comar Law for contributing to the Legal Defense Fund.

    2 claimed
    Estimated delivery: May 2013
  • $10USD
    Hand written thank you card

    For $10, Comar Law will send to you a personal hand written thank you note for your generous donation to the Legal Defense Fund.

    1 claimed
    Estimated delivery: May 2013
  • $25USD
    Thank you card + decal

    For $25, you'll get the handwritten thank you card and a Witness Iraq computer decal.

    5 claimed
    Estimated delivery: May 2013
  • $50USD
    The above + signed complaints

    For $50, receive the handwritten thank you card, a Witness Iraq decal and personally signed versions of the historic complaints filed against the Bush Administration.

    8 claimed
    Estimated delivery: May 2013
  • $100USD
    The above + invitation to Q&A

    For $100, receive the handwritten thank you card, a Comar Law decal, personally signed versions of the historic complaints filed against the Bush Administration, and a special invitation to a telephonic Q&A where you can ask questions about the lawsuit directly to the attorneys themselves.

    12 claimed
    Estimated delivery: May 2013
  • $250USD
    Above + thank you from Iraqis!

    For $250, receive the handwritten thank you card from Comar Law, a Witness Iraq decal, personally signed versions of the complaints, the invitation to the telephonic Q and A and a personal thank you card from the named Iraqi lead plaintiffs.

    0 claimed
    Estimated delivery: May 2013
  • $500USD
    Above + 1 hour of legal time

    For $500, receive the handwritten thank you card, a Witness Iraq decal, personally signed versions of the complaints, the invitation to the telephonic Q and A, a thank you card from the Iraqi plaintiffs and 60 minutes of legal time with Comar Law in any practice area of Comar Law (contracts, business, startups, finance, litigation).

    0 claimed
    Estimated delivery: May 2013
  • $1,000USD
    Meet Iraqi Plaintiffs!

    For $1000, receive the handwritten thank you card, a Witness Iraq decal, personally signed versions of the complaints, the invitation to the telephonic Q and A, a thank you card from the Iraqi plaintiffs and an exclusive press event where you will be able to meet some of the Iraqi plaintiffs bringing the lawsuit.

    0 claimed
    Estimated delivery: August 2013
  • $2,500USD
    Dinner With Iraqi Plaintiffs

    For $2500, receive the handwritten thank you card, a Witness Iraq decal, personally signed versions of the complaints, the invitation to the telephonic Q and A, a thank you card from the Iraqi plaintiffs, an invitation to the exclusive press event with some of the Iraqi plaintiffs, and an invitation to a private dinner with the attorneys and the visiting Iraqi plaintiffs.

    0 claimed
  • $5,000USD
    "Chief Supporter"

    For $5000, receive the handwritten thank you card, a Witness Iraq decal, personally signed versions of the complaints, the invitation to the telephonic Q and A, the thank you card from the Iraqi plaintiffs, an invitation to the exclusive press event with some of the Iraqi plaintiffs, an invitation to a private dinner with the attorneys and the visiting Iraqi plaintiffs, and recognition on the Witness Iraq website as a Chief Supporter of the Witness Iraq Legal Defense Fund.

    0 claimed
    Estimated delivery: August 2013
Do you think this campaign contains prohibited content? Let us know.