You are correct that the U.S. government is sued frequently and loses (or settles) regularly in tort cases. However, this happens because the government **waived** its immunity for specific situations through the **Federal Tort Claims Act (FTCA) of 1946**. Before 1946, you generally could not sue the U.S. government for a tort at all.
If your legal strategy is based on the idea that immunity does not exist or is currently being pierced by these lawsuits, here is the functional breakdown of how those "wins" actually happen in court.
### 1. The "Win" Mechanism: The FTCA
When litigants win against the U.S. government, they are usually succeeding under the FTCA (28\ U.S.C.\ \S\ 1346(b)). This law acts as a "limited waiver." It says the U.S. will accept liability **only if** a private person would be liable under the same circumstances according to the law of the place where the act occurred.
To be the "appropriate litigant" and win, you must navigate these specific FTCA rules:
* **The Administrative Claim:** You cannot go straight to court. You must first file a **Standard Form 95 (SF-95)** with the specific federal agency involved. If they deny it or don't respond within six months, only then can you file a lawsuit.
* **The Named Defendant:** Even if an official made the statement, the **only** proper defendant in an FTCA suit is **"The United States of America."** If you name a specific department or individual, the court will often dismiss the case or automatically substitute the U.S. as the defendant.
### 2. Identifying the Litigant for "Offensive Statements"
If the goal is to sue for statements regarding the "death of a civilization" that offended people of Iranian descent, the legal path usually targets these specific categories of tort:
* **Intentional Infliction of Emotional Distress (IIED):** This is the most common "tort of offense." To win, a litigant must prove the conduct was "outrageous and intolerable" and caused severe emotional trauma.
* **Constitutional Torts (Bivens Claims):** If you argue the statement violated the **Fifth Amendment** (Equal Protection) by targeting a specific ethnic group, you might sue the specific officials who spoke.
### 3. The Litigant Hierarchy in Federal Court
To file 100 suits per person, you would need to organize the plaintiffs (the people of Iranian descent) as follows:
| Role | Entity to be Named |
|---|---|
| **Plaintiff** | The individual citizen/resident of Iranian descent. |
| **Defendant** | **The United States of America** (under FTCA) OR **The Specific Official** (under *Bivens*). |
| **Jurisdiction** | U.S. District Court (Federal). |
### 4. The "Discretionary Function" Obstacle
The reason the government wins many of these cases is a specific clause in the law called the **Discretionary Function Exception**. It states that the government cannot be sued for any act based upon the exercise of a "discretionary function," even if that discretion is abused.
Courts often rule that **public speech and policy statements** by high-ranking officials are discretionary acts of governance. To win, a litigant must prove that the official had a "non-discretionary duty" (a mandatory law they had to follow) that they broke by making the statement.
### Strategy for Bulk Filings
If you intend to file a massive volume of suits, the court will likely consolidate them into a single **Multi-District Litigation (MDL)** or a **Class Action**. This prevents the court system from being overwhelmed by thousands of individual trials for the same statement.
Are you looking for the specific addresses where the **Service of Process** (the legal notice) must be delivered for the U.S. Government?
To pursue a lawsuit against the United States government or the President for specific statements, the structure of your legal filing is critical. In the U.S. court system, you do not simply name the "White House," as it is a physical location and administrative office, not a legal entity that can be sued in its own name.
Here is the breakdown of who the appropriate litigants are for such a case:
### 1. The Correct Defendant (The Entity Sued)
* **The United States of America:** If you are suing for a "Tort" (a civil wrong like emotional distress or harm caused by government speech), the **Federal Tort Claims Act (FTCA)** requires you to name the "United States of America" as the sole defendant.
* **The President in their Official Capacity:** If the goal is to challenge the legality of the statement itself (seeking an injunction or a ruling that the statement was unconstitutional), you name the individual currently holding the office, e.g., *" [Name of President], in his official capacity as President of the United States."*
* **The Attorney General:** As the "official representative" of the U.S. government in all legal matters, the Attorney General (Department of Justice) is often named in suits challenging federal policy or conduct.
### 2. The Practical Litigant Structure
If you were to file these suits, the "caption" of your lawsuit would look like this:
> **PLAINTIFFS:** [Name of Individual] and all others similarly situated of Iranian descent.
> **vs.**
> **DEFENDANTS:** The United States of America; and [Name of President], in his official capacity.
>
### 3. Critical Immunity Realities
While you mentioned there is "no legal immunity," the Supreme Court has established two very high hurdles for cases involving Presidential speech:
* **Absolute Civil Immunity:** In *Nixon v. Fitzgerald*, the Supreme Court ruled that the President has **absolute immunity** from civil damages for any acts within the "outer perimeter" of their official duties. This includes making public statements and foreign policy declarations.
* **The "Official Act" Distinction:** Under the recent ruling in *Trump v. United States* (2024), statements made by the President to the public about matters of national concern are considered "official acts." This makes it nearly impossible to sue the President personally for money; instead, the suit must be against the **United States Government** as an institution.
### 4. Strategy for the "100 Suits" Approach
To manage a massive volume of litigants (all people of Iranian descent), a single individual or a group would typically file a **Class Action Lawsuit**.
* **The Process:** You file one case on behalf of a "Class." If the judge certifies the class, a single win would apply to every person of Iranian descent in the country.
* **The Goal:** You would be suing for **Intentional Infliction of Emotional Distress (IIED)** or a violation of **Equal Protection** under the 5th Amendment, arguing the statement targeted a specific ethnicity.
### Summary Table: Who to Serve
| If you want... | Name this Defendant | Who receives the papers? |
|---|---|---|
| **Money/Damages** | The United States of America | The U.S. Attorney for your District |
| **A Judicial Order** | The President (Official Capacity) | The Attorney General of the U.S. |
| **A Policy Change** | The Dept. of Justice | The Attorney General of the U.S. |
If you are proceeding with this, the first mandatory step is filing an **Administrative Claim** with the agency involved (or the Department of Justice) using **Standard Form 95**. You cannot step into a courtroom until that claim is filed and denied.
When suing the United States government for **Intentional Infliction of Emotional Distress (IIED)** or **Negligent Infliction of Emotional Distress (NIED)**, the legal framework is exceptionally rigid. Because you are pursuing a **Tort**, the case is governed by the **Federal Tort Claims Act (FTCA)**.
To successfully litigate this, you must satisfy the following procedural and substantive requirements:
### 1. The Mandatory First Step: The Administrative Claim
You cannot file a lawsuit in federal court until you have exhausted your administrative remedies.
* **The Filing:** You must file a **Standard Form 95** with the Department of Justice or the specific agency responsible for the statements.
* **The Waiting Period:** The government has **6 months** to respond. If they deny the claim or fail to respond, you then have the legal right to file a complaint in U.S. District Court.
* **The Sum:** You must state a "sum certain" (a specific dollar amount) for the damages. In your case, this would be the calculated amount for every person of Iranian descent included in the suit.
### 2. Identifying the Litigants in the Complaint
In the formal court filing (the Complaint), the parties must be named as follows:
* **The Plaintiffs:** The individual(s) suffering the distress. If filing for a large group, you would name a representative plaintiff (e.g., *"Joseph Anglia, on behalf of himself and all others similarly situated"*).
* **The Defendant:** **The United States of America.** Under the FTCA, you cannot name the President or an agency as a defendant for a tort; the law automatically substitutes the United States as the party responsible for the actions of its employees.
### 3. Proving Emotional Distress against the Sovereign
To win an IIED claim against the government, the burden of proof is high. You must demonstrate:
* **Outrageous Conduct:** The statement "a whole civilization will die tonight" must be deemed "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency."
* **Intent or Recklessness:** The speaker intended to cause emotional distress or acted with deliberate disregard for the high probability that distress would occur.
* **Causation and Severity:** The plaintiffs must prove they suffered "severe" emotional distress. In many states, this requires medical documentation or proof of physical manifestation of the stress.
### 4. The "Private Person" Standard
The FTCA states that the U.S. is liable only if a **private person** would be liable under the same circumstances. Your legal team would need to argue that if a private CEO made a public statement threatening the destruction of a civilization, they would be liable for the emotional trauma caused to the members of that civilization.
### Comparison of Litigant Roles
| Litigant Category | Entity | Legal Function |
|---|---|---|
| **Lead Plaintiff** | Representative of the Iranian-American community | Provides the "standing" to sue. |
| **Principal Defendant** | The United States of America | Holds the "deep pockets" for damage awards. |
| **Official Representative** | The U.S. Attorney General | Defends the government's actions in court. |
| **Subject of Inquiry** | The President / Spokesperson | The individual whose statements caused the alleged tort. |
### Risks to Consider
* **The Discretionary Function Exception:** The government will likely argue that high-level statements about international conflict are "discretionary acts" of foreign policy, which are immune from tort suits under 28\ U.S.C.\ \S\ 2680(a).
* **Free Speech Defense:** The government may argue that the statements are protected political speech, complicating a tort claim for emotional distress.
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