Ill. judge won't toss torture suit naming Rumsfeld

[cory777]

Source: AP

By MIKE ROBINSON (AP) – 7 hours ago

CHICAGO — A federal judge refused Friday to dismiss a civil lawsuit accusing former Defense Secretary Donald Rumsfeld of responsibility for the alleged torture by U.S. forces of two Americans who worked for an Iraqi contracting firm.

U.S. District Judge Wayne R. Andersen's ruling did not say the two contractors had proven their claims, including that they were tortured after reporting alleged illegal activities by their company. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.

Andersen said his decision "represents a recognition that federal officials may not strip citizens of well settled constitutional protections against mistreatment simply because they are located in a tumultuous foreign setting."

Andersen did throw out two of the lawsuit's three counts but gave former contractors Donald Vance and Nathan Ertel the green light to go forward with a third count alleging they were unconstitutionally tortured under procedures personally approved by Rumsfeld.

Read more: http://www.google.com/hostednews/ap/article/ALeqM5gBaIp2FW3RTKSDqXVXyhJaZ0V6sgD9E8QLS00

[Rhiannon12866]

1. K&R. This is a start...

:thumbsup:

[Betty Karlson]

2. Do I see the tip of an iceberg there? N/T

[NecklyTyler]

3. If we could just get one of the Bush Administration inner circle to break - they would all go down

When someone like Rusfeld is faced with conviction and prison time, he will plea bargain and send someone else to the gallows. The domino effect will put them all away

[seeinfweggos]

18. prison time? it's a lawsuit.

[DailyGrind51]

4. Andersen has integrity, especially since Rumsfeld was C.E.O. of a major Illinois employer, Searle.

[pleah]

5. K AND R!

[icee]

6. The government will squash this. But let's see how fast.

[Independent_Liberal]

16. It's best to not let those worries get in your way.

Like I say a few posts below, once you have a ball rolling, you're best to work for the best.

[icee]

23. Of course. Good point. Just don't get a bloody head doing it.

[mbperrin]

7. Here's hoping!

Wouldn't it be great to live in a country with the rule of law?

[defendandprotect]

8. Good news . ..

[tango-tee]

26. Good news, yes.

But only on the surface. Where will it go? I'm afraid that - under this administration - it will fizzle out. Move along, folks!

[RUMMYisFROSTED]

9. It's getting frostier...

[AllyCat]

10. Uh oh. So much for his career. We can't have actual judges on the bench, now can we?

[Ohio Joe]

11. Good

Everyone involved in torture needs to be prosecuted for it, from the top to the bottom. This is a start.

[beac]

12. Wish I could rec this a thousand times. n/t

[imkcbucky]

13. Don't get your hopes up......

From what I have seen so far from the Obama Justice Department is a complete unwillingness to go after the crimes of the Bush regime. With that being said I would suspect that Rummy will walk away from this without ever showing up for a court date. This will get squashed like all the other investigations.

[Independent_Liberal]

15. But we can't kill the momentum either.

Once you get a ball rolling, best to work for the best and make sure the ball stays in your court. No pun intended (court; ball; get it? LOL!).

[No Elephants]

14. WOW! What a story. Americans go to an American embassy to blow the whistle on their employer and

somehow get turned in to their own employer? Did someone at the embassy turn them in?

Who was our ambassador in Iraq at that time?

Foreign Corrupt Practices Act, anyone? Did Yoo and Bybee write opinions on violating that, too?

God, is there no end to how bad things were in Iraq? Has it all really ended?

[TankLV]

17. Obama and his "justice" dept. will CAVE on this - just like ALL the others before...

This will go NOWHERE - just like ALL the others before...

On ALL the IMPORTANT issues - like this - Obama will be JUST LIKE BUSH - just like ALL the others before...

I'll believe it when I see it - which will be NEVER - just like ALL the others before...

[No Elephants]

19. Looks as though this judge is a Republican.

http://www.ilnd.uscourts.gov/judge/ANDERSEN/WRABio.htm

[bvar22]

24. Another Republican, obstructing the White House agenda.

He probably didn't get the MEMO.
The NEW "Democratic" policy is to Look the Other Way...or Look Forward or something...same difference.

[Jefferson23]

20. Here's hoping and congrats to the judge.

[rhett o rick]

21. It is interesting that the AP actually covered this. Doubt if CorpMedia pick it up. nt

[Joey Liberal]

22. Rummy belongs in a cell with Bush and Cheney. nt

[grahamhgreen]

25. The adminsitrations need torture in order to govern properly.

:sarcasm:

[Enthusiast]

27. Torture is necessary

in a fascist state to maintain order.

[Rosa Luxemburg]

28. here's hoping

that he doesn't travel in a small plane

[GreenStormCloud]

29. The suit will get tossed at a higher level.

The only way that higher ups get prosecuted for war crimes is if they lose the war and the winning side holds victor's trials.

[SlingBlade]

30. I'm sure that Judge will be getting a call from Rahm soon

No Looking Backwards !

[AsahinaKimi]

31. Its too bad that

Cheney's name couldn't be added to the list, but then, maybe there will be another day...

[existentialist]

32. The spirit of John Wilkes lives

and we can hope that his constitutional significance comes to be appreciated again.

[winyanstaz]

33. K & R..and fingers crossed ...........

Is this a start?

Please judge...stay safe....and don't fly anywhere until after the trial.

[buckrogers1965]

34. Army warcrimes against its own citizens?

How is this not top news? BTW, blindfolding and hooding captives is a violation of the Geneva convention.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

Art 21. The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.


Art 25. Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.

Someone needs to hang for how we have treated prisoners lately.