We are litigating the legality of the Iraq War in Federal Court

Saleh v. Bush, now on appeal in the Ninth Circuit, is seeking a court order declaring the Iraq War illegal under domestic and international law.

Summary of the Saleh v. Bush Lawsuit

On March 13, 2013, Sundus Shaker Saleh, an Iraqi single mother and refugee,  filed a lawsuit against George W. Bush and other members of the Bush Administration alleging that they committed the Nuremberg-era “crime of aggression” in planning and waging the Iraq War in 2003.

On December 19, 2014, the United States District Court for the Northern District of California dismissed Ms. Saleh’s lawsuit on the basis that the defendants held an immunity from a civil lawsuit based on the federal Westfall Act.

On January 16, 2015, Ms. Saleh filed a notice of appeal with the United States Court of Appeal for the Ninth Circuit.

On May 27, 2015, Ms. Saleh filed her opening brief before the Ninth Circuit, asking the Ninth Circuit to overturn the finding of immunity. One week later, several groups of international lawyers, including former Attorney General Ramsey Clark, filed amicus briefs in support of her opening brief.

On July 22, 2016, Ms. Saleh filed excerpts of the Chilcot Report in support of her opening brief.

Key Pleadings

A copy of the Request for Judicial Notice of Excerpts of the Chilcot Report (filed July 22, 2016)

A copy of the Appellate Opening Brief before the Ninth Circuit Court of Appeals (filed May 27, 2015)

A copy of Ms. Saleh’s response to the Motion to Dismiss the Second Amended Complaint (filed July 21, 2014)

A copy of the Department of Justice Motion to Dismiss the Second Amended Complaint (filed June 23, 2014)

A copy of Ms. Saleh’s request for an evidentiary hearing to contest the request for immunity (filed June 9, 2014)

A copy of the the Second Amended Complaint (filed June 9, 2014)

A copy of the request for immunity pursuant to the Westfall Act submitted by the Department of Justice on behalf of the Defendants (filed August 20, 2013)

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