Call to Prosecute Bush for Iraq War Goes to Council

Berkeley's Peace & Justice Commission has recommended that the City Council ask Alameda County District Attorney Nancy O’Malley to prosecute former President George Bush and his "co-conspirators" for murder in the deaths of Alameda County residents caused by the U.S. invasion of Iraq.

The measure, passed by the commission on a 6-2 vote with one absention, is on the council's April 30 agenda.

The commission's proposed resolution says Congress and the American people were deceived by the Bush administration, which lied about the threat posed by the Saddam Hussein regime and the rationale for the war. It names former Vice President Dick Cheney and former Secretary of State Condoleeza Rice as co-conspirators.

It says that at least 11 residents of Alameda County were among the approximately one million people who have died as a result of the 2003 invasion.

"Alameda County has the authority to prosecute this crime under the Effects Doctrine which holds that when a crime is committed outside the territorial jurisdiction of the state, but has injurious effects within the state, then the state has the authority to prosecute," the resolution says.

The resolution also cites a book as making the case for county prosecution, saying, "Renowned author and former Los Angeles County Deputy District Attorney, Vincent Bugliosi, has made the case to Prosecute former President George W. Bush and his co-conspirators for murder in Alameda County in his 2008 book, The Prosecution of George W. Bush for Murder."

The commission's resolution is contained in an agenda report from the commission included in the council packet. It is attached to this article. The report notes that the City Manager takes no position on the commission's recommendations.

Members of the commission are appointed by council members, members of the school board and the mayor. The seat appointed by the mayor is vacant, as are three seats appointed by school board members and one council member-appointed seat, according to the commission roster on the city's website.

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