George W. Bush’s Criminal Legacy – Part II

GeorgeWBushHIjoIn my last blog [George W. Bush’s Criminal Legacy – Part I] I laid out the case charging that the invasion of Iraq under former President George W. Bush was illegal under both domestic and international law, and that Bush along with his top advisors were liable to charges of war crimes.

I listed actions taken in other nations that give substance to these charges: In September 2005 a German court declared that the Iraq war violated international law. In March 2007 a Spanish judge called for the architects of the Iraq invasion to be tried for war crimes.

In October 2011 when Bush attended an economic summit in British Columbia, Amnesty International submitted a detailed legal brief to Canada’s Attorney General arguing that

Canada is required by its international obligations to arrest and prosecute former president Bush given his responsibility for crimes under international law including torture.

Bush cancelled an earlier visit to Switzerland in February 2011, after facing similar public calls for his arrest.

These actions all took place outside the United States and are generally regarded as unenforceable within American borders.

However, I noted at the end of that blog that in August 2013 a class action civil suit was filed against George W. Bush and five officials of his administration within the United States – in the U. S. District Court of the Northern District of California, which is currently slowly proceeding to trial. That suit is the focus of the present blog.

gavelThe lawsuit being discussed was filed by Inder Comar of Comar Law based in San Francisco on behalf of the lead plaintiff in the case, Sundus Shaker Saleh an Iraqi mother of three who is now a refugee in Jordan, “and those similarly situated.”

The defendants named in the case are former President George W. Bush, former Vice-President Richard Cheney, former Secretary of State Colin Powell, former Secretary of Defense Donald Rumsfeld, former National Security Advisor Condoleezza Rice, and former Deputy Secretary of Defense Paul Wolfowitz.

Citing the precedent laid down at the post-World War II Nuremburg trials, the suit specifically charges that the

Defendants violated the rule of Nuremberg by attacking another country without legal justification, and specifically, by committing the crime of aggression against Iraq on March 19, 2003. Defendants violated the rule of Nuremberg by using fraudulent and untrue statements in an attempt to convince diplomats, world leaders and the American public that Iraq posed a threat to the United States and/or that Iraq was in league with al-Qaeda, when neither of these things was true.

Furthermore, the suit charges that the

Defendants violated the Kellogg-Briand Pact, a treaty signed in 1928, to which the United States is still a signatory. The Kellogg-Briand Pact requires signatory nations such as the United States to “condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.” The Kellogg-Briand Pact requires signatory nations such as the United States to resolve all disputes or conflicts through “pacific means.” As a Treaty of the United States, the United States Constitution incorporates this principle into its law under Article VI, clause 2, which declares “treaties made . . . to be the supreme law of the land.”

And that the

Blue_UN_logoDefendants violated the United Nations Charter by planning to commit the crime of aggression. Article II, Section 4 of the United Nations Charter requires countries to “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nation.” As a Treaty of the United States, the United States Constitution incorporates this principle into its law under Article VI, clause 2, which declares “treaties made . . . to be the supreme law of the land.”

It is quite possible that the case will not succeed in the courts. The defendants may argue that they were acting properly under their “scope of employment” with the United States government.

Paul Stephan, who teaches law at the University of West Virginia and has served as a consultant to the Department of State on international law, states that

The Westfall Act of 1988 permits the United States as an entity to substitute itself in for individuals who were acting in their “scope of employment

and

it’s difficult to sue a U.S. employee acting under the “scope of employment.”

Even if no culpability is declared, the charges that are documented in the lawsuit are chilling. You can read the entire 27 page legal complaint here. It portrays a deliberate strategy to intentionally deceive the American public and to operate outside the scope of American and international law in launching an invasion against a foreign nation.

Details of the Lawsuit

New American CdnturySpecifically, the suit charges that Cheney, Rumsfeld and Wolfowitz were all members of “The Project for the New American Century” [or PNAC] formed in 1997, which over the next three years produced a number of documents advocating the military overthrow of Saddam Hussein. [5; footnotes are as they appear in the lawsuit; the reader is encouraged to check the information sources detailed in the links] Rumsfeld and Wolfowitz actively promoted this objective in Congress. [6, 7]

President Bush received a briefing from the CIA on August 6, 2001 warning of Bin Laden’s determination to mount a major strike against the U.S. [13] However, Richard A. Clarke, the former National Coordinator for Security, Infrastructure Protection and Counter-terrorism, later reported that the Bush administration was so focused on Iraq at that time that it failed to heed these warnings about an imminent attack from al-Qaeda.

The day after the 9/11 attacks, Wolfowitz and Rumsfeld “openly pushed for war against Iraq – despite the fact that the 9/11 hijackers were Saudi Arabian and had been based out of Afghanistan.”

alqaeda-iraqlinkClarke reports an astonishing conversation that took place at the White House that day. President Bush approached him saying, “See if Saddam did this. See if he’s linked in any way.” When Clark replied, “But, Mr. President, Al Qaeda did this,” Bush responded, “I know, I know, but – see if Saddam was involved. Just look. I want to know any shred-” Clarke replied, “But you know, we have looked several times for state sponsorship of Al Qaeda and not found any real linkages to Iraq. Iran plays a little, as does Pakistan, and Saudi Arabia, Yemen.” “Look into Iraq, Saddam,” Bush repeated. [10]

Clarke concludes that Wolfowitz, Rumsfeld and Bush all sought to use 9/11 as a pretext to attack Iraq. [9]

In July 2002 the British government learned that the Bush administration was planning to attack Iraq and was “fixing” its intelligence around that policy. [14]

The suit charges that

In August 2002, the White House established a group called the White House Iraq Group (“WHIG”), the purpose of which was to convince the American public into supporting a war against Iraq. Defendant RICE was a member of WHIG, along with Karl Rove, I. Lewis (“Scooter”) Libby, and other high-ranking Bush Administration officials.

boomAs reported by the New York Times, the centerpiece of their strategy was to use Mr. Bush’s upcoming speech on September 11 “to help move Americans towards support of action against Iraq, which could come early next year.” [16] Leading up to this event, on September 8, 2002 National Security Advisor Condoleezza Rice asserted on CNN’s Late Edition that Saddam Hussein was “actively pursuing a nuclear weapon,” and warned that “we don’t want the smoking gun to be a mushroom cloud.”

Former press secretary Scott McClellan would later state that Bush’s staff actively engaged in a “political propaganda campaign” aimed at “manipulating sources of public opinion.” [18]

On October 7, 2002 President Bush told the American people that

Iraq and al Qaeda have had high-level contacts that go back a decade. Some al Qaeda leaders who fled Afghanistan went to Iraq …who have been associated with planning for chemical and biological attacks. We’ve learned that Iraq has trained as Qaeda members in bomb-making and poisons and deadly gases. [19]

In the same speech Bush claimed that Saddam Hussein had a group of “nuclear mujahaideen – his nuclear holy warriors.” A week later Bush repeated his charge that Saddam Hussein “has had connections with al Qaeda,” adding that, “This is a man who, in my judgment, would like to use al Qaeda as a forward army.” [20]

Bush made these statements despite the fact that “ten days after the 9/11 attacks, he was told in his daily brief (“PDB”) from the CIA that there was no evidence linking Iraq to 9/11 and scant evidence that Iraq had any collaborative ties with al Qaeda.” [21] In addition, “A Defense Intelligence Agency document from February 2002 confirmed that the source of the intelligence linking Iraq to al Qaeda was a likely fabricator and “intentionally misleading” his interrogators.” [22] [This has been reported on elsewhere in detail]

iraq-powellIn February 2003, Colin Powell gave a speech to the United Nations Security Council that was considered to be crucial for winning approval for military action against Iraq. In his speech, Powell alleged that Iraq “harbors a deadly terrorist network headed by Abu Musab Al-Zarqawi, an associated collaborator of Osama bin Laden and his al-Qaeda lieutenants,” that Saddam Hussein was “more willing to assist al-Qaida after the 1998 bombings of [US] embassies in Kenya and Tanzania,” and that, “From the late 1990s until 2001, the Iraqi Embassy in Pakistan played the role of liaison to the Al Qaeda organization.” [26] All of this was untrue. Powell later admitted, “I have never seen a connection [between Iraq and al-Qaeda. … I’d never seen evidence to suggest there was one.”

On March 18, 2003, acting on the orders of President Bush, the United States invaded Iraq. The lawsuit against George W. Bush and his co-defendants notes that the

Iraq warDefendants failed to secure United Nations authorization for the war. Article 39 of the United Nations Charter requires the United Nations Security Council to “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.”

Furthermore,

On September 14, 2004, United Nations Secretary General Kofi Annan stated, “I have indicated it was not in conformity with the UN charter. From our point of view and from the charter point of view it was illegal.” [28]

Based on the evidence contained in the suit, the plaintiff calls

1. For an order finding that Defendants planned and committed the crime of aggression.

2. For an award of compensatory damages against Defendants in an amount sufficient to compensate Plaintiff and all members of the Iraq Civilian Victims’ Class for damages they sustained as a result of Defendants’ illegal actions in planning and mounting a war of aggression against Iraq.

Should the defendants’ assets not be sufficient to cover these damages, the suit asks that the defendants

set up, manage and obtain other funding at their expense a restitution fund to provide for proper compensation to any and all Iraqi civilians who were damaged because of Defendants’ commission of the crime of aggression against Iraq.

It should be interesting to follow this case as it proceeds through the courts to see what the final determination will be.

Footnotes:

[5] http://www.newamericancentury.org/iraqmiddleeast2000-1997.htm

[6] http://www.newamericancentury.org/iraqletter1998.htm

[7] http://www.newamericancentury.org/iraqsep1898.htm

[13] http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB116/index.htm

[10] http://www.nytimes.com/2004/03/28/books/chapters/0328-1st- clarke.html?pagewanted=all

[9] This information is lifted from press articles and Richard A. Clarke, Against All Enemies – Inside America’s War On Terror (Free Press 2004).

[14] http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB328/II- Doc14.pdf

[16] http://www.nytimes.com/2002/09/07/us/traces-of-terror-the-strategy-bush- aides-set-strategy-to-sell-policy-on-iraq.html

[18] http://www.washingtonpost.com/wp- dyn/content/article/2008/05/27/AR2008052703679.html

[19] http://georgewbush-whitehouse.archives.gov/news/releases/2002/10/20021007- 8.html

[20] http://georgewbush-whitehouse.archives.gov/news/releases/2002/10/20021014- 3.html

[21] http://www.nationaljournal.com/whitehouse/key-bush-intelligence-briefing- kept-from-hill-panel-20051122

[22] http://www.nytimes.com/2005/11/06/politics/06intel.ready.html?pagewanted=all &_r=0

[26] http://www.guardian.co.uk/world/2003/feb/05/iraq.usa3

[28] http://www.guardian.co.uk/world/2004/sep/16/iraq.iraq

Photo credit:  Mario Tama, AFP/Getty Images

About politspectator
Edward Clayton grew up in the US but has lived in Canada for the last 4 decades. He is a long time peace activist and committed to issues of social justice and good government. He reports on Canadian, American, and global politics from a Canadian perspective.

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