Bush officials face liability for terror policies (may be personally liable for alleged violations)

[Kadie]

Bush officials face liability for terror policies

By MARK SHERMAN, Associated Press Writer Mark Sherman, Associated Press Writer – 1 hr 31 mins ago

WASHINGTON – Former Attorney General John Ashcroft and one of his hardline lieutenants face the rare prospect of being held personally liable for alleged violations of individuals' rights in the aggressive aftermath of the 2001 terrorist attacks.

High-ranking officials usually are protected from such civil rights claims. Not necessarily in these cases.

Three federal courts have left open the possibility that former Bush officials may have to reach into their own pockets to compensate people who were swept up in the law enforcement and intelligence efforts after the Sept. 11 attacks.

In two cases, judges appointed by Republican presidents have refused to dismiss lawsuits at an early stage that were filed against Ashcroft and former Justice Department official John Yoo. One complaint challenges Ashcroft's strategy of preventive detention. The other seeks to hold Yoo accountable for legal memos he wrote supporting detention, interrogation and presidential power.

In a third case, the full federal appeals court in New York is reconsidering an earlier decision by three of its members to toss out a lawsuit by a man who was changing planes in the United States when he was mistaken for a terrorist and sent to Syria, where he claims he was tortured.

Senior officials are accustomed to having their actions in office judged by history, not the courts. Exposing them to legal risk might complicate recruitment as top prospects shun positions that could land them in personal trouble. It also could make officials think twice about aggressive use of executive authority.


more...
http://news.yahoo.com/s/ap/us_ashcroft_lawsuit

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