Trump May Face Prosecution — but Not for His War Crimes

January 7, 2021
The Intercept

...The Center for Constitutional Rights had filed a civil suit against Rumsfeld and 23 other military and medical officials “for their role in the illegal detention, torture, inhumane conditions and ultimate deaths” of two Guantánamo prisoners. Attorney General Eric Holder’s office intervened in the case to argue that, under the Westfall Act, Rumsfeld and the others could not be held responsible for their conduct.

The Westfall Act was passed in 1988 as an amendment to the Federal Tort Claims Act “to protect federal employees from personal liability for common law torts committed within the scope of their employment, while providing persons injured by the common law torts of federal employees with an appropriate remedy against the United States.” After Westfall, the government assumed legal responsibility for suits filed against federal employees, effectively blocking attempts to hold individual officials accountable. ...

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Last modified 

January 7, 2021