disclaimer: this is NOT a war debate or discussion, it is a LEGAL question…don’t bring the crap that belongs in the pit here.
As litigous as our society is, I wonder if these lawsuits would be preventable by some current law…these idea come from hearing about lawsuits filed when troops die in training exercises due to negligent acts by their COs.
1)Could the parents of a dead troop sue the US Govt, a specific armed forces branch, or even the supreme commander GWB and say that misinterpretation of intelligence reports (or outright lying, depending on your political persuasion) is negligent, and that our troops would NOT have been sent under other circumstances, and that the son’s death is due to these acts?
2)What if a young man is SO inspired by Powell’s address to the UN(or another of GW’s speeches perhaps) that he actually joins the armed forces due to these misinterpretations of data. If he dies, is there a stronger case in court for him?
I’m not really looking for a discussion on whether or not such a case could be won (though I’m sure that will follow), but more along the lines of, is there an executive order that prevents Bush from being sued, or a form you sign when you enlist, or anything other thing that prevents these types of lawsuits.
I doubt either would have much shot. If it came to trial, the army would just argue that being a soldier is inherently risky, especially if you go into a war zone, for whatever reason. I’m sure the judge would agree.
The federal government dictates what you’re allowed to sue it for. I know we always say you can sue for anything you want in this country, but if the case is something the government doesn’t want to be sued for, the case will be dismissed immediately.
And the armed forces is one of those things that the government insulates itself from in lawsuits. So effectively speaking, no, you can’t sue.