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White House Wants Torture Suit against Yoo Dismissed
SAN FRANCISCO - The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.
John Yoo is accused of authorizing the torture of a terror suspect. (AP) Such lawsuits ask courts to second-guess presidential decisions and pose "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict," Justice Department lawyers said Thursday in arguments to the Ninth U.S. Circuit Court of Appeals in San Francisco.
Other sanctions are available for government lawyers who commit misconduct, the department said. It noted that its Office of Professional Responsibility has been investigating Yoo's advice to former President George W. Bush since 2004 and has the power to recommend professional discipline or even criminal prosecution.
The office has not made its conclusions public. However, The Chronicle and other media reported in May that the office will recommend that Yoo be referred to the bar association for possible discipline, but that he not be prosecuted.
Yoo, a UC Berkeley law professor, worked for the Justice Department from 2001 to 2003. He was the author of a 2002 memo that said rough treatment of captives amounts to torture only if it causes the same level of pain as "organ failure, impairment of bodily function or even death." The memo also said the president may have the power to authorize torture of enemy combatants.
In the current lawsuit, Jose Padilla, now serving a 17-year sentence for conspiring to aid Islamic extremist groups, accuses Yoo of devising legal theories that justified what he claims was his illegal detention and abusive interrogation.
The Justice Department represented Yoo until June, when a federal judge in San Francisco ruled that the suit could proceed. The department then bowed out, citing unspecified conflicts, and was replaced by a government-paid private lawyer.
Yoo's new attorney, Miguel Estrada, argued for dismissal in a filing last month, saying the case interfered with presidential war-making authority and threatened to "open the floodgates to politically motivated lawsuits" against government officials. The Justice Department's filing Thursday endorsed the request for dismissal but offered narrower arguments, noting its continuing investigation of Yoo.
Padilla, a U.S. citizen, was arrested in Chicago in 2002 and accused of plotting with al Qaeda to detonate a radioactive "dirty bomb." He was held for three years and eight months in a Navy brig, where, according to his suit, he was subjected to sleep deprivation, sensory deprivation and stress positions, kept for lengthy periods in darkness and blinding light, and threatened with death to himself and his family.
He was then removed from the brig, charged with and convicted of taking part in an unrelated conspiracy to provide money and supplies to extremist groups.
Padilla's suit says Yoo approved his detention in the brig and provided the legal cover for his allegedly abusive treatment. U.S. District Judge Jeffrey White refused to dismiss the case in June.
The Justice Department's filing Thursday said Padilla is asking the courts to determine the legality of Yoo's advice, Bush's decision to detain Padilla, the conditions of his confinement and the methods of his interrogation - all "matters of war and national security" that are beyond judicial authority.
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73 Comments so far
Show AllObomber is yet to meet a USA war criminal he would not protect.
I believe the statue of limitations has run out in some justice venues where Yoo could be held accountable, so any still viable venue is vitally important.
But Obomber is still prosecuting environmentalist Tim DiChristifir, for disrupting an oil lease auction deemed by Obomber's D. of Interior to be an illegal auction in the first place.
"Chains we can believe In"
Obama expends more energy protecting Bush-era war criminals than he does in producing jobs, saving the homes of victims of sub-prime crime and protecting the environment.
Obama's words are as empty as they are eloquent.
Define Obama by his deeds.
I don't think he's the least bit eloquent. I'd call him slick--a total phony.
The executive appointed Yoo and is responsible for the bad advise it received and acted upon. Yoo is responsible for giving bad advice.
As far as I can see, now minions and masters are blaming each other, while saying they did nothing wrong anyway, as children in the play ground.
Torture is criminal. It was and perhaps still is being used in a concerted way by US military and intelligence services and this was authorized from the highest levels of the executive, including the levels of President and Vice President and the deeds were executed by persons who must be shown and held responsible, all the way down to using foreign and private mercenary agents. Following illegal orders to torture has never been an excuse as documented at Neurenberg. Using a foreign country to do so is even worse.
Until America undertakes to prosecute the criminal elements within its own government and military, as a people and as a country, America remains acquiescent to these criminal activities and that not only again allow themselves sometime in the future to use these methods if some new tyrant feels it necessary, but it must also haunt vain and hypocritical attempts the US makes hereafter to represent human rights or justice anywhere in the world.
The arrogance and stupidity of treating this as an internal matter to be quietly swept under the carpet with a few symbolic wrist slaps here and there, puts American policy and politics beyond the pale.
To Bush, Cheney and the rest: “I look upon you, sir, as a man who has placed himself beyond the pale of society, by his most audacious, disgraceful, and abominable public conduct”. Whatever made these people think of themselves as superior to Saddam Hussein?
To Obama : Obfuscating the duty to apply the law goes beyond implication of your acquiescent but makes your administration a willing participant in these crimes, by protecting the criminals.
Well condemned now let's hang 'em!!
This is good stuff from Obama's "justice" dept.
The courts, Obama says, have no business dealing with an American citizen, arrested in Chicago, held for years without charge, and tortured.
That is "war" says Obama. And as you guys know America is at war, with people, some of whom are yet to be determined. This war will end, well when Obama or one of his heirs says it is over.
The really funny thing is that The comedians that the Democrats sent to the supreme court bench more than likely will side with the government again on this and similar cases.
I'm just glad I live in a democracy that got rid of the "divine right of kings" long ago. I feel for you guys,...but you can see the humour in it, can't you?
Whiskey
Tango
Foxtrot
?
Obomba cares no more about Yoo than he does about you. This is about the same thing last year's FISA (telecom immunity required) bill was about ...
... putting up a firewall between Rule of Law and the Cheneybush Unitary, which Obama has inherited with all its attendant perks and privileges. Besides, he's just following orders.
Remember the letter that Dubya left for Obama in the Oval Office as he was leaving and Obama was taking the reins? It was a welcome to the club letter.
Obama Two-face!
Obama and his cronies seem possessed by the same evil demons that possessed Bush and Cheney, et al.
I am very disappointed and fear that President Obama won't do the right thing but that the use of torture is still going on and that is why the war criminals will not have to worry about going to prison. I know I am not explaining my thoughts very well.
Why is President Obama and the Congress not doing the morally right thing in making sure that these government officials who gave permission for prisoners to be tortured are tried and punished for those actions?
I may be wrong but here are two reasons why I think that the President and the Congress refuse to do the right thing.
For President Obama it is 1. That they are guilty of the same crimes or they want to commit the same crimes during their watch so they just want to drop any thought of arresting and trying them for war crimes. You know the concept of I will keep your secret if you keep mine. 2. That President Obama has no courage and is doing what he is told. That the President has no real power but is just a mouth piece. That there are others behind the President who have the real power and he has to do what he is told.
What is the Congress's excuse for taking it off the table? I think that it is because they knew torture was being used and they kept silent. Their silence makes them just as guilty because they knew but did nothing to stop the use of torture. Or like President Obama they are just following orders of the people who really have the power because they are the ones who have the large sums of money to corrupt our government. Who knows it might be a combination of both?
I do believe it is a combination of both of those reasons.
It always comes back to the question what are we the people going to do about this hijacking of our government and the evil corruption of that government that would use torture?
Chrisy--
You have expressed yourself quite well. I think you nailed the motivations of both Obama and the Congress.
Jeevee
THE OVERWHELMING "REASON" BEHIND MOST OF WASHINGTON'S WHEEL-DEALING SEEMS TO BE OBSESSION WITH amassing M O N E Y.
Jeevee, hopefully, and soon, that primary reason will be eclipsed with the reason of saving themselves from the gallows.
Alan
chrisy58 December 8th, 2009 11:40 am -- You make some good points. Remember, though, that the case being discussed is a civil case for (nominal) damages.
Another reason for non-prosecution under the anti-torture laws: those laws were, it now appears, adopted and publicized to make the U.S. look good internationally and dissuade countries detaining U.S. citizens from torturing them. At this point all pretenses have gone by the boards. We have embraced, post-Bush, the use of torture against detainees, by our inaction with regard to prosecutions, notwithstanding Obama's disavowals. The messages being sent include one to potential terrorists: they will face torture if we get them. This can only hurt us in the "war on terrorism."
I'm for renditioning this George Wanker Bush wanna be to a third world country where he can receive some of that good old fashioned torture he believes in. No trial, no habeas corpus, no rights, no time limits on how long he is held and tortured. Just like the kind of law this little fuck believes in.
Oh. I forgot. Fuck Yoo.
...And Cheney of command.
Why doesn't the article state the opposing viewpoint? Evidently the government arguments were rejected by the U.S. district court judge -- why?
And why does Yoo get a federally funded defense? This isn't a criminal case, in which representation is guaranteed. Besides, Yoo is a professor at Berkeley. He makes enough to hire his own attorney.
I would have expected this type of reporting from Fox.
I would just like to remind people that the "justice" department is still full of W appointees. Seen anything recently about any of them quitting or being replaced? That is because they HAVEN'T been replaced, and they REFUSE to quit. And so they continue to lie, cheat, obfuscate and obstruct where real justice is concerned.
Granted, Obama isn't doing what he should be to clear out the scum from the dept, but it's not HE who is doing this, it's W's lawyers. And I am very disappointed that he doesn't seem to realize just how important cleaning out the closets really is. But let's get real, do you think for one minute that he would have a chance of getting any replacements through the idiot process? Just think of all the "I'm going to filibuster" calls he would get from EVERY GD republican in congress, as well as a few morons in his own party.
No, the system is so totally screwed up all the bribery and collusion payments going on that NOTHING will happen until we get rid of it. NO private money in elections, PERIOD. Until that happens, we are doomed to be completely disappointed with who we get in office. And big business and private wealth will LOVE that. After all, it's THEY who put these losers up for nomination in the first place. That is why Kucinich (my personal choice) never had a chance. He's not a big business ass kisser, and that's why I was all for him.
Fix the election process, remove the money and THEN we will talk about what is good for the country. Until that happens, nothing will EVER change, no matter WHO they put in office.
How convenient. So Bush is making Obama do it. So his own Attorney General is just along for the ride? The blame is Obama, Obama, Obama. The DOJ is part of the Executive Branch, and Obama's appointed AG is 100% Constitutionally capable of not challenging that lawsuit. I get the rest of your arguments, but this fits Obama's general tack on Bush crimes since coming into office. He along with the other Centrist Democrats in leadership or other key positions in the House and Senate want to complete the cover-up.
And Bush blamed Clinton
And Bush certainly is not making him cry state secrets every time evidence of war crimes might be revealed.
Or Maybe Obomber is a Neocon Dummy.
For you Democrat apologists, just when is Obama supposed to stop supporting the Bush Administration and carrying out its policies?
I've heard your excuses that Obama needs more time, he is better than Bush, you can't have another Republican in power even though Obama is carrying out Republican policies, and you have to lower your expectations. On health care, Obama is doing worse than Bush did. It is better to do nothing than enshrine into law that Americans will be forced to be ripped off my private insurance companies.
Well said.
I was hood-winked by the Great Pretender and voted for this con man. However, I have changed my registration from Democrat to Independent, and will NEVER vote for another Democrat save Dennis Kucinich.
Register Green Party, if you can. (Not possible in all states. some have truly Draconian electoral laws, and some don't allow registration by party.)
You've made a good start, but "independent" is read by the parties as middle-of-the-road or just don't care.
Green Party principles give you a clear message.
To check them out, go to www.gp.org.
Join the Global People's Movement to fight the seminal evil of Global Empire.
It's not a party, but a revolution.
Alan
It's a Socialist movement in the global class war fought between Capitalists and everyone else. Follow Bolivia's lead. It's your only chance of ending war and securing your children's future. We could use a Native People's Party. I would vote for a Red Cloud any day.
hue_sir_name, you weren't really "hood-winked" ---- Obama just ran that ol 'Okie Doke' on you.
Don't feel bad, he ran it on the majority of people in America --- and he even bragged about what the ol 'Okie Doke' was during his campaign, as if he was signaling that he was going to do it to them.
Alan
You hoodwinked yourself by not paying attention to his voting record.
"Obama is doing worse than Bush did."
As impossible as it would seem, this is 100% on the money. As sorry as Bu$h was (is, and always will be), at this point in his presidency, he had almost twice the approval rating that Obama currently has (thanks to 9/11.) It seems that the last thiry years has brought us a competition among sitting presidents to outdo each other in being the very worst president ever in U.S. history and Obama certaily hasn't broken stride.
" federal law does not allow damage claims against lawyers who advise the president on national security issues." - Obama White House
"Hitler didn't want to do things my way. I wanted things done legally. After all, I am a lawyer." - Frick, Wilhelm Minister of the Interior. Nazi Germany
(4/24/46).... "The mass murders were certainly not thought of as a consequence of the Nuremberg Laws, [though] it may have turned out that way." Frick drafted, signed, and administered laws that abolished opposition parties, and suppressed trade unions and Jews (including the infamous Nuremberg Laws). Frick knew that the insane, aged, and disabled ("useless eaters") were being systematically killed, but did nothing to stop it.
He said he drafted the Nuremberg Laws for "scientific reasons": to protect the purity of German blood. Frick was one of eleven defendants sentenced to death.
Frick was hanged on Oct. 16, 1946.
Human garbage!
Cicero: "Freedom is participation in power."
So basically, screw the Constitution, federal law, and all treaties down to the letter and punctuation: It's government by lawyerly whim and whatever they advise the president to do becomes "legal" the instant he does it for whatever reason or criterion the president him- or herself asserts for it--or keeps secret on the grounds of "national security."
Wasn't it Shakespeare who said, "First, kill all the lawyers,"?
Remember the empty hope for reform of all this sickness because President Obysmal was a Constitutional lawyer?
We need no more lawyers in Congress or the White House ruling by subjective secretive dictats and legislative sell-outs whose only purpose is to satisfy the insatiable, selfish desires of plutocrats. We need a democratically selected global panel of scientists from all the nations of the world to use objective science and Baysian ethics to solve our problems now.
Metal asks,"Wasn't it Shakespeare who said, 'First, kill all the lawyers'"?
Yes, it was, and it was Alice in Wonderland's Queen of Hearts who said "Off with their heads!" That's exactly what we should do with these sons of bitches that occupy our government. Bring back the guillotine!!
I don't know if it was Shakespeare but in the 1939 film "Jesse James", the actor Henry Hull yells, "Roy! Take an editorial! If we are ever to have law and order in this part of the country, the first thing we gotta do is take out all the lawyers and shoot 'em down like dogs!"
Jesse James did dogs a major injustice.
I was thinking along the lines of the ebola virus.
Hey, don't forget, it's lawyers who are on the other side in the suit at issue and lawyers who developed the anti-torture laws. Also, lawyers are working (unsuccessfully so far, I admit) to bring the Bush officials, and now perhaps Obama officials, to account for approving and authorizing the flagrant violation of those laws.
Last but not least, at least three of us contributing on CD are lawyers!
Yea, and Nader is a lawyer too!
Lawyers, like technology, can be used for good or evil.
Alan
The ACLU is one of the last hopes for a remnant of justice in the USA.
What a sight the French Revolution reenacted on the grounds outside the white house Guillotine and all!!
Henry The Sixth, Part 2 Act 4, scene 2, 71–78
Just one more example of what an absolute fraud Obama is. This turncoat miserable disaster of a president, has adopted the exact language of the Bush DOJ in asserting Cheneyesque plenary executive powers dreamed up by neocons at the Federalist Society. Not satisfied just to merely cover up Bush Administration crimes and move on, he is leveraging that cover up, to assert plenary executive powers, by essentially advocating torture.
SAN FRANCISCO - The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.
Hey, Barry . . . I'm "demeaning" you! You're a disgrace! Rot in Hell! Am I going to get a phone call from you?
Sounds like the Bomber is trying to be an accessory after the fact!
Allowing the Yoo lawsuit to be heard would raise "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict". So goes the Obama Justice Dept argument. At first I thought, "What a load of specious crap!". Then, upon reflection, I decided that Holder and Obama were right. My question is, why is it a bad thing to deter lawyers and government officials, who are sworn to uphold the law, from advocating torture and other gross violations of the law, privately, in the White House?
Let Yoo mount his own defense, without help/obfuscation from his buddies in the WH, DoJ and UCB.
As signatory to the 1984 U.N. Convention Against Torture, ratified by our Senate in 1994, the United States is required to promptly investigate any allegation of torture (Articles 12 & 13), and victims of torture must have an enforceable right to compensation (Article 14). Parties must also ban the use of evidence produced by torture in their courts (Article 15), and are barred from deporting, extraditing or refouling people where there are substantial grounds for believing they will be tortured (Article 3).
George W. Bush's refusal to obey this law, since 1994 a part of the Constitution under Article Six, The Supremacy Clause, was a clear violation of his oath of office and, therefore, an impeachable offense. Obama's refusal is the same violation of the oath he took and also an impeachable offense.
The "unitary executive", which Obama continues, is not only unconstitutional, but incompatible with a true democracy as well as our Constitutional government. It completely destroys the separation of powers and the checks and balances our Founders established to prevent one of the three branches from having more power than the other two.
Unfortunately, our country ceased being a true democracy long ago, and our corrupt Congress and Supreme Court are content to keep things as they are.
And the corporate media, intentionally filled with trivial distractions such as "The Balloon Boy" and Tiger Woods' many mistresses, is content to serve as the highly-paid propaganda arm of the ruling class.
Ed,
You are speaking the truth!! I were it a sword that cut them all asunder!!
Obama will obstruct any investigation and legal proceeding which may lead to the unraveling of this hidden and illegal Global ruling-elite corporate/financial/militarist Empire which Obama 'fronts for'.
Global Empire now preempts US law and the ultimate US law, the Constitution, that Obama is supposed to be an expert on.
Alan MacDonald
Sanford, Maine