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Terrorist Can Sue Over Torture Memos

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posted on Jun, 16 2009 @ 10:18 AM
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Terrorist Can Sue Over Torture Memos


www.military.com

June 16, 2009
Associated Press

SACRAMENTO, Calif. - A convicted terrorist can sue a former Bush administration lawyer for drafting the legal theories that led to his alleged torture, ruled a federal judge has ruled who said he was trying to balance a clash between war and the defense of personal freedoms.

The order by U.S. District Judge Jeffrey White of San Francisco is the first time a government lawyer has been held potentially liable for the abuse of detainees.

White refused to dismiss Jose Padilla's lawsuit against former senior Justice Department official John Yoo on Friday
(visit the link for the full news article)




posted on Jun, 16 2009 @ 10:18 AM
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Wow, I read this article this morning and thought to myself I actually woke up in the United States of America today for a change.

An independent Judiciary still acting as a check and balance against government malfeasance and abuse of power, will wonders never cease?

This is but one of the many reasons I rankle over Guantanamo Bay and the governments desire to deny those incarcerated there and accused real access to the independent judiciary.

9-11 tried in the court of public opinion and prosecuted by the government and corporate controlled media has never had a Judge to balance out what is fair in getting to the truth, and never has had a defense attorney to publicly state the defendant’s version of the truth.

For those who might wonder why, this is one of the reasons.

A funny thing sometimes gets in the way of an over ambitious and shortsighted corrupt government…it’s called the law!


www.military.com
(visit the link for the full news article)



posted on Jun, 16 2009 @ 10:24 AM
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Padilla, 38, is serving a 17-year sentence on terror charges. He claims he was tortured while being held nearly four years as a suspected terrorist.

White ruled Padilla may be able to prove that Yoo's memos "set in motion a series of events that resulted in the deprivation of Padilla's constitutional rights."

"Like any other government official, government lawyers are responsible for the foreseeable consequences of their conduct," wrote White, a Bush appointee.

Yoo did not return telephone and e-mail messages Saturday.

White ruled that Yoo, now a University of California at Berkeley law professor, went beyond the normal role of an attorney when he helped write the Bush administration's detention and torture policies, then drafted legal opinions to justify those policies.

Yoo's recently released 2001 memo advised that the military could use "any means necessary" to hold terror suspects. A 2002 memo to then-White House Counsel Alberto Gonzales advised that treatment of suspected terrorists was torture only if it caused pain levels equivalent to "organ failure, impairment of bodily function or even death." Yoo also advised that the president might have the constitutional power to allow torturing enemy combatants.



People like Woo seem to forget at times that Attorneys are first and foremost and always Officers of the Court. They have a certain duty and oath to uphold as an Officer of the Court that other political offices and oaths don’t supersede.

When an attorney advises a client regarding the Law whether that client is an underworld mafia figure or a President of the United States if they advise their client to ignore the law and conspire with them in so doing they are as an Officer of the Court now breaking the Law.

The interesting thing here is if Woo is seen as liable for giving the advice regarding illegal torture then it would seem former President Bush and many in his Administration can’t be far behind in being likewise culpable in civil and possibly criminal proceedings.

If ever there was an appeal Supreme Court bound this would be such a case.

This is likely the beginning of many legal dramas and rulings regarding these ‘Torture Memos’ and the people who wrote them and implemented them.



posted on Jun, 16 2009 @ 11:49 AM
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Another truly important story here that will likely not recieve the kind of press and indepth anallyssis it deserves as the Judiciary in random and isolated incidents steps up to the plate to do it's long overlooked job.

I hope some people become more aware of these events.



posted on Jun, 16 2009 @ 02:53 PM
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What time is it boys and girls? It's time for another shameless bump of this important story by posting another response to it to return it to the board!

Yes it's true the story lacks a Sam Watterston and a catchy musical score, it has no glamarous yet sedately dressed lady to co star in it...but it does effect our nation and the world?



posted on Jun, 16 2009 @ 04:45 PM
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"The issues raised by this case embody that ... tension - between the requirements of war and the defense of the very freedoms that war seeks to protect," White wrote in his 42-page decision. "This lawsuit poses the question addressed by our founding fathers about how to strike the proper balance of fighting a war against terror, at home and abroad, and fighting a war using tactics of terror."

The ruling rejected the government's arguments that the courts are barred from examining top-level administration decisions in wartime, or that airing "allegations of unconstitutional treatment of an American citizen on American soil" would damage national security or foreign relations.


That's what the Judge had to say in this all important ruling.

The snack bar attendent was unavailable for comment but court house reporters familiar with the beat are pretty sure he would concur as always with the Judge's ruling!



posted on Jun, 16 2009 @ 04:51 PM
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you think this is a step in the right direction for me, my country and MY tax dollars....NO WONDER YOUR NOT GETTING ANYONE TO RESPOND...DUH! Just make sure YOU volunteer to raise just YOUR taxes to pay for all this BS...



posted on Jun, 16 2009 @ 04:56 PM
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Originally posted by rcwj75
you think this is a step in the right direction for me, my country and MY tax dollars....NO WONDER YOUR NOT GETTING ANYONE TO RESPOND...DUH! Just make sure YOU volunteer to raise just YOUR taxes to pay for all this BS...


How do you figure it places a burden on the Tax Payer to limit the illegal actions of a government?

I would think that would decrease the Tax burden not increase the Tax burden, especially if it led to them stepping down the phony war on terror that all this torture and incarceration has to have proved in yielding one piece of actionable intelligence or one criminal charge against anyone involved in 9-11?

Meanwhile about getting you a better accountant so as to pay less taxes instead of more...



posted on Jun, 16 2009 @ 05:19 PM
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The capacity to hold someone accountable for past actions that resulted in consequences against human rights is a fair call.

Tough one...but a fair call. Just because one stands on one side of a flag does not make one innocent...

As I said, tough call but I agree with it...


Originally posted by rcwj75
you think this is a step in the right direction for me, my country and MY tax dollars....NO WONDER YOUR NOT GETTING ANYONE TO RESPOND...DUH! Just make sure YOU volunteer to raise just YOUR taxes to pay for all this BS...


Our dollars, much less tax, are being taken left and right by corporate interests as well as the government, have been for years and will continue to be done so for a huge spectrum of reasons. As well, our tax dollars were likely funding an institution that agrieved human rights while we looked else where.

So I find your argument to be less than adequate...


[edit on Tue, 16 Jun 2009 17:23:12 -0500 by MemoryShock]



posted on Jun, 16 2009 @ 05:31 PM
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reply to post by MemoryShock
 





Our dollars, much less tax, are being taken left and right by corporate interests as well as the government, have been for years and will continue to be done so for a huge spectrum of reasons. As well, our tax dollars were likely funding an institution that agrieved human rights while we looked else where.


I don't think it can be stressed enough the importance of human rights in this issue regardless of the monetary cost of addressing the transgressions against them in an adequate way.

Beyond just the human ellement of suffering involved our credibility as a nation has plummeted in many parts of the world because of things like Waterboarding and some of the things that have gone on in Iraqi prisons and CIA run clandestine prisons throughout the world.

I would say it's almost impossible that people who once planned a sight seeing trip to America from abroad have not had changes of heart from a concsiences standpoint over some of these human rights violations.

That's a loss of tax dollars right there.

I would speculate some people who might have legally immigrated to America have had a change of heart over these human rights issues, was the next Tesla or Einstien one of them?

Who knows...the cost of being fair and open minded might be huge at times and entails even huger risks, but I do believe at the end of the day the true rewards far surpass any and all of those outlays.



posted on Jun, 16 2009 @ 09:18 PM
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The Justice Department is representing Yoo and has argued for dismissing the lawsuit. The department has not said if it will appeal White's ruling. The department's on-duty spokesman, Dean Boyd, did not return a telephone message Saturday.

"It's a really a significant victory for accountability and our constitutional system of checks and balances," said Tahlia Townsend, an attorney with the Lowenstein International Human Rights Clinic at Yale Law School who represented Padilla.

White ruled that "the treatment we allege does violate the Constitution and John Yoo should have known that," Townsend said Saturday. "This is the first time there's been this sort of ruling."



He should have known it was a Constitutional violation and what's more he should have cared!

We all should care, so one more time...this time for the Gipper I shamelessly bump this thread back on to the board!



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