The Obama administration issued a “suggestion of immunity” from federal court jurisdiction for Kagame, even though the assassinations of the two presidents occurred before the present government of Rwanda existed;  before Kagame was an official in any government, much less head-of-state. The 10th Circuit and 4th Circuit ruled differently on whether a “suggestion of head-of-state immunity,” must be obeyed by the Supreme Court and the other federal courts.

This is another facet of unreviewable executive discretion of the “Imperial Presidency” that includes targeted assassinations by predator drone and NDAA-authorized detention of U.S. citizens in military prisons by Presidential decree.  Unlimited “suggestions of immunity” put the jurisdiction of the federal courts in the control of the executive branch.

Whether now-President Kagame should be protected by Obama administration-invoked immunity from federal jurisdiction is a separate policy question that was widely discussed during the congressional vetting process of Susan Rice’ candidacy for Secretary of State in late 2012, in light of:

  • Rwanda’s responsibility for the mass violence perpetrated by M23 in the Congo, reported by UN Experts in November 2012;
  • Rwanda’s responsibility for the mass violence in Congo 1993-2003 including genocide and war crimes in UN Mapping Report October 1, 2010;
  • Rwanda’s responsibility for resource rape of the Congo, reported by UNSC Experts 2001-08; and,
  • Kagame’s responsibility for the assassination of the two presidents, which was well-known within the ruling RPF party, according to the October 1, 2011 the confession of former Chief of Staff to President Kagame, Dr. Theogene Rudasingwa, MD;

In Habyarimana v. Kagame, the Supreme Court will have the opportunity to determine whether Mr. Obama, or any Chief Executive, has the power to ignore federal jurisdiction established by Congress as interpreted by the Supreme Court…Read more

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