Judge Authorizes Torture Suit Against Donald Rumsfeld

Discussion in 'Law and Justice System' started by Synthaholic, Aug 4, 2011.

  1. Synthaholic
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    Synthaholic Platinum Member

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    Judge Authorizes Torture Suit Against Donald Rumsfeld



    An Ohio federal judge has ruled that former Defense Secretary Donald Rumsfeld can be sued personally for damages by an Army veteran who claims he was imprisoned and tortured unjustly.


    Here’s an AP report on the ruling.


    The veteran, whose name has not be disclosed publicly, worked as a translator for the Marines in the Anbar province, which borders Iraq, before being detained by the U.S. military at a facility near the Baghdad airport on suspicion that he had helped get classified information to enemy combatants, AP reports, adding that the veteran was never charged with a crime and has denied breaking the law.


    He filed suit in 2008, claiming in court briefs that he was repeatedly abused before he was released without explanation in August 2006. He has claimed that Rumsfeld personally approved torturous interrogation techniques on a case-by-case basis and controlled his detention in violation of his constitutional rights, according to the AP report.


    The Department of Justice, which is defending the former defense secretary, declined to comment to the Law Blog about the case.


    The Obama administration, AP reports, has claimed that Rumsfeld cannot be sued personally for official conduct and further that a judge cannot review wartime decisions that are the constitutional responsibility of Congress and the president.


    But federal judge James Gwin rejected those arguments, according to AP, and said U.S. citizens are protected by the Constitution at home or abroad during wartime.


    “The court finds no convincing reason that United States citizens in Iraq should or must lose previously declared substantive due process protections during prolonged detention in a conflict zone,” Gwin wrote in a Tuesday ruling.
     
  2. Trajan
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    Trajan conscientia mille testes

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    uh yea whatever, obama needs all the covers he can get. ;)

    in all seriousness, this is going nowhere.
     
  3. Synthaholic
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    Synthaholic Platinum Member

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    I guess you didn't read it, because it clearly says that Obama's Justice Dept. is defending Rumsfeld.

    What a mindless wingnut robot you've turned out to be.
     
  4. Two Thumbs
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    I heard about this on FOX.

    If the allagations are true and Rumsfeld was personnally involved [as in he knew the details and not just signing off papers] then he should be held responsible.

    To many of the power elite get a walk b/c they are politicians.

    Take Rangle. He would be in jail if he wasn't a pol. And if Rumsfeld is guilty, he should be there as well.
     
  5. Liability
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    Liability Locked Account. Supporting Member

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    It's an NCIS case.

    Gibbs!

    -- excerpt of JOHN DOE v. DONALD RUMSFELD, et at.
    CASE NO. 1:08-CV-1902, UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA
    Dated: August 2, 2011

    I am perusing it to see what the LEGAL basis is for the judge's determination that Rumsfeld wouldn't have immunity?
     
  6. Liability
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    Interesting analysis (but I'm still just skimming through it, so who knows?)

    Id.
     
  7. Liability
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    Recognizing that the Judge's opinion will be subject to one or two layers of judicial (appellate) review, I will say his opinion does seem to be rational at least at first blush:

    Id.

    The next lengthy portion of the decision addresses that analysis. Very interesting reading.
     
  8. Liability
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    When the Judge gets to the Rumsfeld "Qualified Immunity" analysis, it seems to me the opinion falls rapidly apart.

    But, I get the fact that reasonable people may differ. I just think it is likely to get reversed on that basis.
     
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  9. MikeK
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    MikeK Gold Member

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    Sonofabitch!

    [​IMG]
     
  10. Two Thumbs
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    fuck off you shitty little tyrant.
     

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