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Terrorist Can Sue Over Torture Memos: Judge

Ruling on Padilla may open door against former Justice lawyer

By the Associated Press

Posted Jun 13, 2009 5:10 PM CDT

(AP) – A convicted terrorist can sue a former Bush administration lawyer for drafting the legal theories that led to his alleged torture, ruled a federal judge who said he was trying to balance a clash between war and the defense of personal freedoms. The order by judge Jeffrey White of San Francisco, regarding "dirty bomb" plotter Jose Padilla, is the first time a government lawyer has been held potentially liable for the abuse of detainees.

White refused to dismiss Padilla's lawsuit against former senior Justice Department official John Yoo on Friday. Yoo wrote memos on interrogation, detention and presidential powers for the department's Office of Legal Counsel from 2001 to 2003. White ruled Padilla may be able to prove that Yoo's memos "set in motion a series of events that resulted in the deprivation of Padilla's constitutional rights." Padilla, 38, is serving a 17-year sentence on terror charges.

In this June 26, 2008 file photo John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.
In this June 26, 2008 file photo John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.   (AP Photo/Susan Walsh, File)
Jose Padilla,  also known as Abdullah al Muhajir, is shown in this undated file photo.
Jose Padilla, also known as Abdullah al Muhajir, is shown in this undated file photo.   (AP Photo/NBC News, File)
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COMMENTS
Showing 2 of 2 comments
JonmarkP
Jun 13, 2009 10:24 AM CDT
Thanks, kokuaguy, excellent point. I don't know why, but the whole Padilla trial and conviction scenario does not pass the sniff test. I get the feeling he was a political tool, and much of a threat to anyone.
kokuaguy
Jun 13, 2009 10:16 AM CDT
This is a U.S. District Court judge appointed by George W. Bush-- relevant facts that newser could easily have included in its "summary."

Copyright 2012 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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