Saleh v. Bush

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Main article: United States war crimes § War on Terror
Saleh v. Bush
F.3d 880
Case history
Prior historyDismissed, No. 3:13-cv-01124 (N.D. Cal. Dec. 19, 2014)
Court membership
Judge(s) sittingSusan P. Graber, Andrew D. Hurwitz, Richard F. Boulware
Case opinions
MajorityGraber, joined by unanimous

Saleh v. Bush, 848 F.3d 880 (9th Cir. 2017), was a

United States Court of Appeal for the Ninth Circuit.[1]

Proceedings in district court and dismissal

The lawsuit was filed in the

UN Security Council authorization.[a][b] The United States Department of Justice
(DOJ) represented the defendants, who are all former government officials.

The government moved to dismiss the suit, and in December 2014, the

torts committed by Government employees in the scope of their employment" in an action against the government itself under the Federal Tort Claims Act.[3]

The court noted that the Attorney General had formally certified that the individual defendants "were acting within the scope of their federal employment when performing the acts at issue." The court then dismissed the lawsuit because the plaintiffs had failed to exhaust administrative remedies as required under the FTCA for claims against the government, a jurisdictional requirement.[3]

Appeal

Plaintiffs filed an appeal in the

amicus brief in support of the plaintiffs.[4][c]

On July 22, 2016, the plaintiffs filed a motion for judicial notice, submitting excerpts from the

Chilcot Report in support of their claims.[5]

Oral argument was held on December 12, 2016, before Judges

Richard Boulware, heard thirty minutes of oral arguments on December 12, 2016.[d][e]

On February 10, 2017, the Ninth Circuit unanimously affirmed the judgment in an opinion by Judge Graber.[1][6]

Notes

  1. ^ Complaint for Conspiracy to Commit Aggression; and the Crime of Aggression, Saleh v. Bush, U.S.D.C., Northern District of California, March 13, 2013
  2. ^ "Lawsuit Against Bush Administration". Witness Iraq. Archived from the original on January 5, 2014. Retrieved January 2, 2014.
  3. ^ Jamail, Dahr, "Former US Attorney General Files Brief in Lawsuit Challenging Legality of Iraq War", Truthout, 15 June 2015.
  4. ^ "Oral Argument Calendar - James R. Browning U.S. Courthouse, San Francisco - December, 2016". www.ca9.uscourts.gov. Archived from the original on December 21, 2016. Retrieved January 17, 2022.
  5. ^ United States Court of Appeals for the Ninth Circuit (December 12, 2016), 15-15098 Sundus Saleh v. George Bush, retrieved December 14, 2016

References

  1. ^
    9th Cir.
    2017).
  2. ^ Wing, Nick (August 28, 2013). "Iraqi Mom Faces Justice Department Pushback In Lawsuit Against Bush, Cheney For War Crimes". Huffington Post.
  3. ^
    N.D. Cal.
    Dec. 19, 2014).
  4. ^ "Update on Saleh v. Bush about War on Iraq - (N.D. Cal. 2014) – Now in Ninth Circuit Appeals". Dailykos.com. June 15, 2015. Retrieved January 15, 2017.
  5. ^ Albarazi, Hannah, "Refugee Hopes UK’s Iraq War Inquiry Revives Her Lawsuit Against Bush Administration", sanfrancisco.cbslocal.com, July 28, 2016.
  6. ISSN 0261-3077
    . Retrieved June 20, 2017.

External links
Retrieved from "https://en.wikipedia.org/w/index.php?title=Saleh_v._Bush&oldid=1191616276"