Padilla vs. Yoo: An Update

[laststeamtrain]

Padilla vs. Yoo: An Update
by Jacob G. Hornberger

There are two interesting developments in Jose Padilla’s lawsuit against former Justice Department lawyer John Yoo, who was one of the authors of the infamous torture memos.

First, the Justice Department is no longer defending Yoo in the case. He will now be represented by a private attorney, paid for by the Justice Department.

Second, Yoo is appealing the ruling of the federal district court denying his motion to dismiss Padilla’s case.

A motion to dismiss requests the court to summarily dismiss the plaintiff’s case without hearing any evidence. The motion essentially says: ”Even if you accept as true everything the plaintiff is saying in his petition, he is not entitled to win as a matter of law.“

Generally, courts are loath to summarily dismiss cases brought by litigants. The general rule is that everyone is entitled to the opportunity to prove his case.

<snip>

Why is Padilla’s lawsuit important? Because the ultimate ruling in the case will apply not just to him but also to all Americans. The suit alleges that the U.S. government took Padilla into custody and held him for several years without charge, until finally indicting him and convicting him in federal district court of the federal crime of terrorism. For years prior to the indictment, Padilla was held in the custody of the U.S. military, where he was denied right to counsel, the right to due process of law, the right to bail, the right to a speedy trial, the right to a jury trial, and other procedural protections guaranteed by the Bill of Rights. He was also subjected to torture, sensory deprivation, isolation, sleep deprivation, and many other cruel and unusual pre-trial measures.

<more>

http://freedetainees.org/6218

[Solly Mack]

1. K&R

[ColbertWatcher]

2. k+r, n/t

[TexasObserver]

3. Recommend

[intaglio]

4. Kick and +

[midnight]

5. Thank you so much for explaining why this case is so important.

[Hydra]

6. I expected Padilla to disappear forever from public commentary

What happened to him was sickening, and was truly Orwellian. "He's guilty of making a dirty bomb because we say he is. Questioning us in this regard is jeopardizing your safety."

Let's hope something good comes of this.

[crickets]

7. Question re Yoo "represented by a private attorney, paid for by the Justice Department"

Why is the JD paying for his lawyer?

[hootinholler]

9. Because he was acting in an official capacity when he gave terrible legal advice.

I think this might be the beginning of Holder looking seriously at war crimes. If it were a crime to knowingly provide bad legal advice, then the JD would have grounds to refuse payment.

-Hoot

[crickets]

10. I suspected as much.

I think this might be the beginning of Holder looking seriously at war crimes.

Here's hoping. Yoo should be near the top of the Most Wanted list for his role.

If it were a crime to knowingly provide bad legal advice, then the JD would have grounds to refuse payment.

Well, it is a crime to do so, isn't it? Proving Yoo's intent might be problematic, but it should be doable given the nature of the crimes he was trying to enable. It just seems so wrong for the JD (and thereby the American taxpayer) to foot the legal bills for the scumbag.

Thanks for the response!

[hootinholler]

13. It will get you disbarred, but I don't think it's a crime.

Intent is the bitch also.

-Hoot

[bjobotts]

15. Rephrase to say when he was "solicited by the WH to justify their actions" with a legal opinion-fixe

[G_j]

8. K&R

[spanone]

11. k&r....

[sakabatou]

12. Yoo... what a waste on humanity.

[DissedByBush]

14. A strange thing about our justice system

Sometimes the scumbags are the ones who end up supporting all of our rights like Ernesto Miranda and William Henry Furman.

[armyowalgreens]

16. K&R motherfuckers.

[InfiniteThoughts]

17. Yoo & the Bushie fan club - hard times ahead ...

In this case, JUSTICE DELAYED BUT NOT DENIED ...