Synthaholic
Diamond Member
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.
Heres 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.
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.
Heres 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.