Allegations of rampant criminality by the Barzani Continuing Criminal Enterprise, originating in Kurdistan, are contained in the lawsuit Kurdish Victims Fund et.al. v.  Kurdistan Regional Government, Masrour Barzani, et.al in the United States District Court of Washington DC.  In this detailed information installment report from the Kurdish Victims Fund, we explain the misbeliefs of Kurdistan Prime Minister Masrour Barzani and other Barzani co-conspirators regarding their court case.

           The attorney for the defendants filed a motion in the Federal District Court of Washington DC that the case against the Barzani Regime should be rejected as a matter of law.  Sources in Erbil quote Barzani leadership as expressing confidence the case will be dismissed.  Barzani’s attorneys argued, saying“The complaint alleges an array of wild and unbelievable misconduct against this strong and longstanding U.S. ally, including atrocity crimes, genocide, murder, and other heinous and unspeakable acts. The allegations are reckless, inflammatory, untrue, and utterly meritless. They are a blatant attempt at seeking political redress through the court system. The allegations do not belong in this Court or any other.”

In other words, Barzani attorneys are attempting to frame the case as a political issue where courts do not have jurisdiction, and thus not a legal matter.  But, not only are the allegations in the complaint not “wild and unbelievable”, the hundreds of criminal violations alleged in the complaint are all documented, many of them by agents, officers, and agencies of the United States Government and the United Nations who will be called as witnesses at trial – and they are all true.

Only after two years of exhaustive investigative research by professionals in Washington DC was the case filed.  And unlike in the Barzani’s sordid political history, this time no U.S. Government officials can legally interfere in the court case – and Washington DC officials are privately telling the Kurdish Victims Fund they will not come running to defend the Barzani Continuing Criminal Enterprise in court.  Nor will the KVF lawyers yield to any government pressure.

The lawyers for the Kurdish Victims Fund strongly disagree that the case will be rejected by the court – as a matter of very clear United States, Iraq, international, and treaty law.Defendants’ lawyers deliberate efforts to mask the very cause of action and falsely paint and distort the case as “seeking political redress” is a blatant and misleading mischaracterization as it so often the position with Barzani misrepresentations.  In a landmark case, the United States Supreme Court provided comprehensive direction on the application of the political question doctrine, unmistakably cautioning against making sweeping statements that imply all questions involving foreign relations are political ones. 

Nothing in this case revolves around policy choices, as Barzani lawyers are attempting to argue.The Kurdish Victims Fund case is not about political issues; it is simply and fearlessly about enormous crime – crimes hurting both Kurdistan and the United States of America and thousands of Kurds – and KVF lawyers believe the motion filed by the Barzani legal team is merely a scheming legal tactic to muddy the court, and it will fail. As the Supreme Court made clear, a court “cannot shirk this responsibility merely because [its] decision may have significant political overtones.” 

In a 2023 case against Masrour Barzani filed in the state of Virginia, the case was ultimately dismissed by the court primarily on the basis of Masrour Barzani claiming sovereign immunity because of his government position.  While Erbil sources tell us the Barzani’s attorneys will embrace such a legal strategy in this case, the Kurdish Victims Fund’s attorneys remain confident such a move will fail.

           Why?  Because this time U.S. law says they can’t hide behind their government positions.The Foreign Sovereign Immunities Act, behind which Barzani’s hide, does not provide immunitybecause of their continuing criminal enterprise. Committing crimes are not lawful acts of state and thus they are not immune.  Defendants Masoud Barzani, Masrour Barzani, Waysi Barzani, and others have no absolute immunity, and their criminal conduct falls outside any lawfully empowered official responsibilities.  U.S. law does not immunize criminal conduct.  “No officer of the law may set that law at defiance with impunity.” 

           As for Masoud Barzani, the United States Supreme Court plainly held that a former official is not covered by the law of sovereign immunity. 

           Since 1882, United States courts have held that “No man in this country is so high that he is above the law.”