United States DC Circuit

In a defamation action brought by a U.S. Marine based on a congressman's allegedly false and defamatory statements to the press about the role of plaintiff's squad in the deaths of Iraqi civilians, the District Court is instructed to dismiss for lack of subject matter jurisdiction, as the Federal Tort Claims Act exempts defamation actions from the U.S.'s waiver of sovereign immunity.

Appellate Information

• Argued 11/18/2008
• Decided 04/14/2009
• Published 04/14/2009

Judges

• Before:  HENDERSON and ROGERS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Darrell C. Valdez, Assistant U.S. Attorney, argued the cause for appellants.   With him on the briefs were Gregory G. Katsas, Assistant Attorney General, U.S. Department of Justice, Jeffrey A. Taylor, U.S. Attorney, Thomas M. Bondy, Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.


• For Appellees:
  
• Mark S. Zaid argued the cause for appellee.   With him on the brief was Bradley P. Moss.