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Court Rejects Suit Against CACI Over Abu Ghraib Torture
A federal appeals court rejected a lawsuit Friday against CACI International that accused the firm's employees of taking part in the torture and abuse of prisoners at the Abu Ghraib prison in Iraq.
A judge ruled that CACI International of Arlington was working under U.S. military authority and should not be prosecuted for incidents at Abu Ghraib. (By Manuel Balce Ceneta -- Associated Press)
In a 2 to 1 ruling, the U.S. Court of Appeals for the District of
Columbia Circuit dismissed the case on the grounds that CACI should be
immune from prosecution because the company's employees were under U.S.
military authority.
"During wartime," wrote Judge Laurence H. Silberman, "where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor's engagement in such activities shall be preempted."
The decision reversed a lower court's ruling in March that the company must face a lawsuit filed by former detainees who claim that they were tortured at the detention center near Baghdad.
Ever since the Abu Ghraib scandal erupted in May 2004, CACI has maintained that it was not involved in the facility's mistreatment of its detainees, a stance the firm repeated Friday. The Arlington-based government contractor had provided interrogators to the U.S. military in Iraq.
"The court's decision today is an important step toward resolving all legal matters regarding the company's mission and duties in Iraq," Jody Brown, executive vice president for public relations at CACI, said in a statement. "We have said from day one that these lawsuits are completely without merit and designed to pursue a political agenda."
The attorney who argued the case on behalf of the Abu Ghraib detainees, Susan L. Burke, said on Friday that her legal team intends to file for an "en banc" review of the case, under which all nine of the court's judges would hear the appeal.
"We are cautiously optimistic that we will receive en banc review and that it will be reversed," she said. "We anticipate that the majority of jurists hearing the matter will adhere to the rule of law."
"Although we are disappointed, this is an anticipated setback in what will continue to be an ongoing battle against torture," Burke said.
In a dissenting opinion filed Friday, Judge Merrick B. Garland argued that there is no judicial precedent that would prohibit the detainees from suing government contractors.
"The plaintiffs in these cases allege that they were beaten, electrocuted, raped, subjected to attacks by dogs and otherwise abused by private contractors," he wrote. "At the current stage of the litigation we must accept these allegations as true."
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17 Comments so far
Show AllI'm sure they'll suddenly switch to the other foot when CACI is formally charged under the Uniform Code of Military Justice. We've been seeing this for years already. On one hand they're immune from the UCMJ by virtue of being non-military combatants (isn't that the official definition of 'terrorist'?), and on the other they're immune from civil prosecution by virtue of being under military authority.
There's your tax dollars at work (socialism?). Taxpayer subsidized war industry. I don't have it in me to hope for any consistency, much less justice, anymore. Part of the definition of 'truth' is in consistency and reliability. There is no such thing left on this earth. It is impossible to agree with, or be loyal to, any institution which has no consistency or reliability. Truth is the first casualty of war, and we are primary objects and victims of it, even if the actual casualties are the unseen poor, far removed from our sight. When we fail in our diligence the whole world loses.
kogwonton September 12th, 2009 10:38 am.........Of late, I have these same feelings of "hopelessness" and the idea that justice will never be served. How do YOU deal with it? Personally, I try to look to the honesty and beauty of nature and creatures. I HAVE come to the conclusion that we are far less evolved than other animals. I find comfort in all I llearn from the "lower" species. I doubt they learn anything from us, even though we like to see ourselves as their masters.
Fucduck,
I agree, each day is hard to face knowing our species has regressed. I find comfort in early morning walks in my garden (walking meditation) focus on peace and toleranc. I also listen to IMAGINE, by John Lennon, it helps me view the world situation with a more hopeful perspective.
Namaste,
IBETT
Even if CACI were subject to the UCMJ, the military doesn't effectively investigate itself or its contractors, nor is there effective oversight over the military. As a result, CACI using the UCMJ as a cover provides it a black whole to hide in.
Let's hope for the full Appeals Court hearing.
So, can they be court martialed? No? Not subject to military discipline and not subject to the court system. Above the law.
Duringa congressional investigation into CACI following the Bosnian war, they were "reprimanded" with a fine for running guns, drugs, and sex slaves... And then they were renewed their contract...
Mercenaries are above the law, and our tax dollars go to fund their torture, drug smuggling, and human trafficking...
It is long past time to strip corporations of personhood and dissolve their charters when they are caught volating human rights and committing war crimes, at the very least...
This happens when the Bush crime family puts right wing toadies on the bench.
This is what the anthrax mailings were all about.
The news outlets, major and minor, conservative or progressive, small print or bold, are helping the world to better understand the USA.
While the USA may be best explained by its 'distinctions or factions'i.e..... conservative v progressive, Republican v Democrat v Independent etc, the USA is showing the entire world 'what it is made of'.
The USA "factions" are currently embroiled in a matter that the other 'developed nations' have already solved, or are working to solve; that of health care.
While at the same time the USA is ignoring the very serious crimes committed by the eight year Bush administration, most of which adversely effected and in several cases 'impacted in a deadly manner' several other nations, directly. The other nations of the world that were not directly impacted, were none the less adversely impacted by these many crimes.
But the USA is not answering those many crimes except to excuse them, or ignore them, or cover them up--- or try to keep them covered up-- or work hard to discredit them when they are 'uncovered; and they are showing the world the 'true character of the USA'.
The USA is a lawless dangerous arrogant rogue nation that cannot be expected to hold themselves accountable for their action and the crimes those actions entail.
The world still remembers when the USA and UK who has been complicit in many of these crimes, held others to account for these same crimes---just over sixty years ago; or two generations.
How much longer the world will be willing to tolerate this arrogant hypocrisy is a matter of speculation. But the fact that the world cannot allow these many crimes to go unanswered would be foolish to argue; and only the most conservative of fools in the USA would think that the world will ignore these crimes. They will do so at their own peril.
The most tragic of ironys is that the world is very aware that they need not 'invade' the USA. They simply need to 'cut the credit lines--OFF' and the Americans will turn upon themselves; indeed they did once before and learned little from the experience.
A nation that treats others with such barbarity, while 'prosecuting' the same crimes committed by others; are capable of absolutely anything.
They are indeed the most dangerous people on the face of the planet; 'they are the USA', and the world tolerates the USA at their own peril; and they are aware of this.
"If the USA were another nation, the USA would invade the USA to keep the world safe; and they would be justified."
Good point KOGWONTON!
They are terrorists but they are terrorists that are hired by the corporations that own our government.
So they are above the law just like anyone in public office that might do anything illegally. For example, break Geneva Conventions by acts of aggression, approve and demand torture, hold U.S. citizens without trial indefinitely, wire tapping an entire nation of innocent citizens.
Fascism creep is picking up tempo and the sound boots are not waking the soon to be victims.
Just wait when the corporations turn their vengeance and terrorists on the U.S. citizen. The police force of old will look like kindergarten teachers compared to the beyond the law violence that will be turned on all of us.
The sooner we get in the streets and fight this fascism creep the less likely we will see our country fall into darkness.
Please we need to open our eyes and look plainly at what we have become and stand against this these anti-democratic forces.
We need to from a new government for this one does not serve the people. DEMOCRATS AND REPUBLICANS ARE THE PROBLEM. THE SYSTEM IS BROKEN AND CORRUPT TO THE CORE.
We need stop this machine! We need a national strike! We need our government to fear it's citizens. That is what a democracy feels like. Tyranny is what we have now..WE FEAR OUR GOVERNMENT.
None of those clowns in Washington deserve our courtesy. Forgive me but we should all be interrupting speeches of these liars. Obama defends tortures while continues the slaughter of innocents and has not stopped the wire tapping or repealed the Military Commissions Act of Patriot I & II. I have no respect for any man that holds the power he holds and does not fight against such egregious violations of our Constitution and basic human rights.
So interrupt, get in their faces. They are just messenger boys running errands and they are not running them for you because the store was bought and is now under corporate rule.
You must stand together all as citizens not as factions but as one. I think we can all, ALL agree that this government does not represent the people but oppresses them. That one issue is the issue that should hold us together. Do not let any other issue break apart the uniting idea. We can do nothing as a people until we get our Democracy in the hands of EVERY citizen in this.
Now is the time.
real simple, if this company is not responsible for their actions. then the shrub/cheney regime is. and they should be held accountable. these acts were thought up in cheney's basement of black/ops. then rummy and others dispersed the order to commence with these crimes. it started from the top, so the top should be prosecuted.
Any 'person' that hires another 'person' to commit murder is legally guilty of murder themselves. Any 'person' that knows about a murder and fails to report, does nothing to prevent it, either before or after the fact, or helps to conceal it, is legally an accomplice to that murder. If Bush hired corporations, who seem to enjoy more legal 'personhood' than anyone on this thread, then he AND the 'contractors' are guilty. I won't be satisfied till they're both swinging from a rope - figuratively speaking. (not)
There is no passing the buck on this. At least in theory, and according to any 'conservative' moral viewpoint.
Our country's private armies are "contractors". Other country's private armies are "terrorists".
We need more courage on the part of Associated Press and the press in general to publish photos like Julie Jacobson's picture of the mortally wounded Joshua Bernard--and all the rest of the casualties of our weapons-wielders.
The flap over publishing such pictures when the grieving family objects must be cast aside along with all the other methods of keeping our _consciousness_ devoid of things that would disturb our _consciences_.
It is nice to adapt survivability cloaks like early morning walks in the garden and listening to the birds, the bees, and _Imagine_. However, this is the same method, ultimately, as Mr. Bush's advice to Americans wanting to assist the war effort: go shopping.
Avoiding the coarse reality of our cruelty toward people defending their homelands and their families' honor because we cloak them all with our deceptive names, "insurgents," "terrorists," "Taliban," "Al-Quida," enemies, et. al. makes us hide from acknowledging truths that demand that we stop acting and reacting to phantom problems like "socialism."
One hair on one child in Baghdad is worth more than all the Middle East's oil, more than all the ideas of all the politicians. Stopping our ears, covering our eyes, and allowing ignorance to numb our sensitivity as human beings will merit us the hottest places in hell when we have finished our brief sojourn here.
The courts and the pronouncements of justices cannot forever hide from us what we have done. CACI's "exoneration" is only a single instance of an overwhelming tide of hypnotic power exercised by a fearful and feckless press funded by the mega-corporations that have already been granted eternal life.
The next training site for the terrorist has been spotted. The AP screwed up and put out a feed on it this morning but by the time I read it and went to get my friend from the other room to read it, it had disappeared. The training site is going to be in Hardin Mont. It will be operated by American Police Force Corp. Check out their web site. scary. This is what I found when searched it.
http://www.missoulian.com/news/state-and-regional/article_e9ba869c-9e0f-11de-b581-001cc4c002e0.html
It is bad enough that Dubya, Cheney, & Co. "introduced" the use of mercenaries in Iraq & Afghanistan; but the corporate outsourcing of intelligence operations (which includes interrogations) to private business who's main qualification is cronyism is much worse. It is Third world style crony capitalism that would not be out of place in Suharto's Indonesia, the SLORC's Burma, & Mexico under the PRI. Now rather sadly thanks to the Bush crime family, the US taxpayer is making these corporate criminals rich.
Uhhhh... This is nothing new...
CACI was used in Bosnia under Clinton...
Mercenaries were used in Latin America under Reagan...
England used Hessian troops against Americans during the Revolutionary war