June, 07 2011, 06:16pm EDT
ACLU Appeals Dismissal of Lawsuit Seeking to Hold Government Officials Accountable For Torture of Jose Padilla
Courts Must Not Abdicate Responsibility to Uphold the Law
RICHMOND, VA
The American Civil Liberties Union today appealed the dismissal of a lawsuit against current and former government officials for their roles in the unlawful detention and torture of U.S. citizen Jose Padilla. The U.S. District Court for the District of South Carolina ruled in February that the defendants, including former Defense Secretary Donald Rumsfeld, were entitled to "qualified immunity" for their roles in the arbitrary detention and brutal abuse of Padilla because no "clearly established" law prohibited the torture of an American citizen designated an "enemy combatant" by the executive branch. Today the ACLU is asking the U.S. Court of Appeals for the Fourth Circuit to reinstate the case.
"The defendants in this case seized Jose Padilla from a civilian jail and hid him away in a military brig precisely to keep the courts from interfering with the terrible things they were doing to him. By granting the defendants legal immunity for their cruel acts, the district court vindicated their deliberate efforts to circumvent the Constitution," said Ben Wizner, litigation director of the ACLU National Security Project. "If the law does not protect Jose Padilla - an American citizen arrested on American soil and tortured in an American prison - it protects no one."
Padilla was taken from a U.S. jail in 2002 by military agents, declared an "enemy combatant" and secretly transported to a military brig in South Carolina. He was imprisoned without charge for nearly four years, subjected to extreme abuse and was unable to communicate with his lawyers or family for two years. The illegal treatment included forcing Padilla into stress positions for hours on end, punching him, depriving him of sleep and threatening him with further torture and death.
In February 2007, Padilla filed a lawsuit against Rumsfeld, Catherine Hanft, William Haynes II, Lowell Jacoby, Melanie Marr and Paul Wolfowitz for their role in his unlawful detention and abuse. Attorneys on the case are Wizner and Alex Abdo of the ACLU; Jonathan Frieman, Hope Metcalf and Tahlia Townsend of the Allard K. Lowenstein International Human Rights Clinic at Yale Law School; and Michael O'Connell of the law firm Stirling & O'Connell.
More information about the case is available online at: www.aclu.org/national-security/padilla-v-rumsfeld
Wizner is available for television interviews using the ACLU's in-house studio facility, which has an outbound fiber line for standard definition (SD) video.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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200 Private Jet Owners Burned as Much CO2 as 40,000 Brits
The planes tracked by a new Guardian report belong to celebrities, billionaires, CEOs, and their families, among them the Murdoch family, Taylor Swift, and the Rolling Stones.
Nov 21, 2023
The private jets of just 200 rich and famous individuals or groups released around 415,518 metric tons of climate-heating carbon dioxide between January 2022 and September 22, 2023, The Guardian revealed Tuesday.
That's equal to the emissions burned by nearly 40,000 British residents in all aspects of their lives, the newspaper calculated.
The planes tracked by the outlet belong to celebrities, billionaires, CEOs, and their families, among them the Murdoch family, Taylor Swift, and the Rolling Stones. All told, the high-flyers made a total of 44,739 trips during the study period for a combined 11 years in the air.
"Pollution for wasteful luxury has to be the first to go, we need a ban on private jets."
Notable emitters included the Blavatnik family, the Murdoch family, and Eric Schmidt, whose flights during the 21-month study period released more than 7,500 metric tons of carbon dioxide equivalent. The Sawiris family emitted around 7,500 metric tons, and Lorenzo Fertitta more than 5,000.
The Rolling Stones' Boeing 767 wide-body aircraft released around 5,046 metric tons of carbon dioxide, which is equal to 1,763 economy flights from London to New York. The 39 jets owned by 30 Russian oligarchs released 30,701 metric tons of carbon dioxide.
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Taylor Swift was the only celebrity or billionaire in the report whose team responded to a request for comment.
"Before the tour kicked off in March of 2023, Taylor bought more than double the carbon credits needed to offset all tour travel," a spokesperson for the pop star told The Guardian.
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The report was released the day after an Oxfam study found that the world's richest 1% emitted the same amount as its poorest two-thirds. Given their high carbon footprint and luxury status, private jets have emerged as a rallying point for the climate justice movement.
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This is a developing story... Check back for possible updates...
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An unnamed source briefed on the talks toldReuters on Tuesday that negotiations are in the "final stages" and a deal is "closer than it has ever been" since October 7, when a Hamas-led attack on southern Israel killed around 1,200 people.
The Qatar-mediated deal, according to Reuters, "envisages the release of around 50 civilian hostages by Hamas and of female and minor-aged Palestinian detainees from Israeli custody, as well as a multi-day pause in fighting."
Hamas leader Ismail Haniyeh confirmed Tuesday that a "deal on a truce" with Israel is "close." Israeli Prime Minister Benjamin Netanyahu said that "we are making progress" on a hostage agreement and hopes "there will be good news soon."
Netanyahu rejected a similar proposal earlier this month.
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Philippe Lazzarini, commissioner-general of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), said in a speech Tuesday that "the people of Gaza are not safe anywhere: not at home, not under the U.N. flag, not in a hospital, not in the north, and not in the south."
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The heat index—which combines air temperature and humidity—hit an astounding 58.5ºC (137ºF), the highest index ever recorded, in Rio de Janeiro on Tuesday.
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Amid a stifling heatwave this week Brazil is experiencing its highest temperatures ever recorded—a milestone that comes alongside global trends and fresh scientific data showing the world is far from meeting stated ambitions to reduce greenhouse gas emissions to curb the climate emergency.
According to the National Institute of Meteorology, temperatures in the southeastern city of Araçuaà hit 44.8ºC (112.6ºF) on Sunday, breaking the previous record set in 2005.
It was so hot over the weekend that international pop star Taylor Swift was forced to reschedule concerts nationwide.
Meanwhile, the heat index—which combines air temperature and humidity—hit an astounding 58.5ºC (137ºF), the highest index ever recorded, Tuesday morning in the country's second-most populous city of Rio de Janeiro.
The extreme heat is having a severe and negative impact on people's ability to work and live comfortably and putting a crush on the nation's power grid. As the Associated Pressreports:
Brazilians turned to fans, air conditioners and dehumidifiers to cool down, with utilities reporting record energy demand. Power outages were reported in Sao Paulo and Rio de Janeiro.
Amid the high heat, wildfires are burning widely in the Pantanal biome, the world’s biggest tropical wetlands spanning parts of Mato Grosso and Mato Grosso do Sul states. The fires have ravaged an area about the size of Cyprus, or more than 947,000 hectares (about 3,600 square miles), according to the Environmental Satellite Applications Laboratory of the Federal University of Rio de Janeiro.
The wildfires are arriving earlier in some places and with much more intensity. With summer not even at its height, fears are growing of what's to come:
"The Pantanal is a region that's used to fires," biologist Gustavo Figueiroa, head of the environmental group SOS Pantanal, toldAl-Jazeera on Monday. "Normally, it regenerates naturally. But this many fires isn't normal."
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In addition to the heatwave and fires, heavy rains and damaging storms have brought severe flooding to other regions of the country, some resulting in the death of local residents and tens of thousands displaced.
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