US District Judge James Gwim today rejected Obama Administration arguments to the contrary and allowed the lawsuit by a former US military contractor against Donald Rumsfeld for torture to continue.
The contractor, whose name has not been made public, was working as a translator for US Marines in Iraq, but when he was about to return home on leave he was captured by the military and held without any justification, being held as a “high-value” detainee at Camp Cropper for nine months, during which time he was repeatedly tortured. The contractor was never charged with any crimes, and was eventually just released by officials without any explanation.
The Obama Administration made multiple arguments to the judge about why such a lawsuit shouldn’t be allowed to proceed, claiming simultaneously that Rumsfeld was immune from lawsuits over crimes committed while Defense Secretary and that the courts don’t have jurisdiction over abuse of US citizens during times of war.
The Justice Department also claimed allowing the lawsuit might affect the decisions of future US officials who might have to decide whether or not to torture a US citizen for no reason.
Gwim insisted that even though “the stakes are high” US citizens were still entitled to due process when they are detained by the US military abroad, citing a similar ruling about two other contractors who were seeking to sue Rumsfeld after accusations that their company was engaged in “illegal activities” also led to a long, torturous stay at Camp Cropper.
tick…tick…Tick…Tick…TICK…TICK…TICK….. The statute of limitations is FOREVER…. Welcome to the world of Pinochet "rummy"….!!! You need a nice long vacation….. But…??? Where to go..?? Maybe Israel…??? Will anywhere ELSE be safe…???
Now we wait for the next sleight of hand by team Obama. Pretty dang bold of Judge Gwim. Bravo! Ummm, can I sue the Rummy for being a treasonous wad?
I wonder if Dubya felt a cold finger run down his spine. You have to wonder whether Rummy will give up Dubya – assuming this actually goes to trial. Is he loyal or will he look out for numma 1 first? They've got to know that if SecDef can be sued for war crimes, then no one is exempt. Someone just has to do it. I wonder if this judge was a Bush appointee? Wouldn't that be a panty-twister.
Given how Bush threw him under the bus in '06, Rummy has little reason to fall on his sword. But Bush bought a large parcel of land in Paraguay during his 2nd term, and that's likely his bug-out destination. MvGuy is right about Rummy and the rest of the neocons — Israel is their only safe haven.
This might be the first thing I've ever read on Antiwar.com that brought a smile to my face. But even though I "think" a decision here can only be appealed to the US Court of Appeals and then the Supreme Court, I'm sure it will be and we've seen what toady's the Supreme Court is for the PTB and how they fall for that state secret crap every time.
It's a start though. Even if it is eventually tossed aside, eventually the justice system has to start giving due process and dispensing justice. No matter how hard Obama tries to shield these guys to cover his own butt, not every judge is a Thomas or Scalia. Some still believe in the rule of law.
(I don't see what Rummy owes Bush after he was made the fall guy in '06. There's about 10 people they could go after in that administration and I don't think they're a very close knit group.)
Do Obama supporters even know what they really support….. when are they going to quit falling for his scripts.
I wish I could see Rumsfeld a prison jumpsuit.
The Judge is a Clinton Nominee and its not the US Supremes that will be the Problem BUT the Republican Militant Judges in the Court of Appeals in DC.
I can't wait till the CIA eventually stand before the court accused of crimes against humanity.
Torture is just not an American thing to do.
the Military Commissions Act of 2006 — and its suspension of writs of habeas corpus, Jonathan Turley, professor of constitutional law at George Washington University stated, "What, really, a time of shame this is for the American system.
http://usgovinfo.about.com/od/rightsandfreedoms/a…
Did congress really allow the Exec Office to torture Americans like this.
I hope the courts say no.
"The Justice Department also claimed allowing the lawsuit might affect the decisions of future US officials who might have to decide whether or not to torture a US citizen for no reason."
sounds to me like the perfect reason to allow the law suit to go ahead, it might just make US officials think twice before approving such inhumane policies.
The people from Obama Administration who made multiple arguments to the judge about why such a lawsuit shouldn’t be allowed to proceed should be exposed and humiliated daily if not prosecuted for treason by breaking the constitutional law.
“The Obama Administration made multiple arguments to the judge about why such a lawsuit shouldn’t be allowed to proceed, claiming simultaneously that Rumsfeld was immune from lawsuits over crimes committed while Defense Secretary and that the courts don’t have jurisdiction over abuse of US citizens during times of war“.
This is not about Rumsfeld or any other of the group who ordered for prisoners in Iraq and elsewhere to be torture.., nor those who legally helpt the matter to proceed, the entire matter is about US government and its illegal acts all over the world, is about those democrats like Barbara Boxer, Clinton, Nancy Pelosi, Kerry, Rockefeller and many others who voted for the Iraq war which make these peoples as guilty as Rumsfeld and George W. Bush himself. What Obama is trying to do is to save his administration and senators who voted for his war in Libya and those whom his policy is about their policy with a twist by Muslims Brotherhood. Otherwise if you look at the American history almost every US president is guilty of something and almost non of their senators been a saint either. But for democracy to function it needs to be done.., not only Rumsfeld needs to be answering in a court but entire AIPAC with George W. Bush and his gang of idiots too.
It's all Kabuki. Nothing will come of it as long as the US govt is owned by the Dems and Repubs. Ron Paul or Dennis Kucinich, if they ever got into the White House, might turn loose the DoJ on the power elite, but that's the only way it'll happen under the two-party system.
We have a contractor who is directly threatening to upset the apple cart of secrecy and untouchable nature of a whole slew of present and former government officials.
We have a President who is bowing and scraping to anything remotely related to military influence.
I'd like to direct your attention to the Obama Assassination Policy.
I wonder, if this 'lawsuit' proceeds any further, how much longer it will be before those fly-by-night hit squads of the SOCOM (you did read the article, didn't you? ) are released on this contractor and his comrades. I wonder if he'll be quietly executed for being an 'enemy of the state'?