Judge re: ACLU Rummy civil suit: "What you're asking for has never been done before"

[sabra]

http://www.rhinelanderdailynews.com/articles/2006/12/08/ap/headlines/d8lsron00.txt

Judge Weighs Torture Claim Vs. Rumsfeld

WASHINGTON - A federal judge appeared reluctant to give outgoing Defense Secretary Donald H. Rumsfeld immunity from torture allegations but also said Friday that it would be unprecedented for him to allow Rumsfeld to face a civil trial.

"What you're asking for has never been done before," U.S. District Judge Thomas F. Hogan told lawyers for the American Civil Liberties Union.

...

The Justice Department argues that government officials are immune from lawsuits related to their jobs unless they violate a constitutional right. Because foreigners held in overseas prisons do not normally have constitutional rights, the Justice Department wants the case dismissed.

Hogan questioned the scope of that immunity and asked whether it protects the government officials from liability for everything.

"Would you take the same policy if the argument was one of genocide?" Hogan asked. "Are you saying there could be no inquiry done?"

...

Hogan said he would rule quickly on whether to dismiss the case but did not make a decision Friday.

[no_hypocrisy]

1. I got it: Not an "overseas prison" as Guantanamo is leased to

this country, maybe it could be regarded as a de facto territory like Puerto Rico is.

[Warren Stupidity]

3. Puerto Rico is de jure territory

The reason for using Guantanamo is precisely that it is not US territory and thus provide weasel room for the no jurisdiction defense.

It also is an act that by itself indicates guilt.

[no_hypocrisy]

4. Damn, you're correct. Didn't think about the distinction. n/t

[aquart]

2. Padilla.

[wtmusic]

5. Padilla wasn't tortured, was he?

:shrug:

[hootinholler]

8. Padilla was indeed tortured.

On US soil no less, not on the murky atatus of Gitmo, but in Charleston S.C. Experts declared him unfit to assist his defense.

-Hoot

[shadowknows69]

6. Its time we decide in this country

If we have representative that are going to be accountable to our same laws, or do we have Kings and Lords?

[rock]

7. Then they should try it

Applying the Law and the Constitution might be fun! (Although I am a little concerned that they've never done it before)