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MONDAY, NOVEMBER 23, 2009
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7

Terrorist Can Sue Over Torture Memos: Judge

Ruling on Padilla may open door against former Justice lawyer

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(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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Reader64481089
Jun 13, 09 5:13 PM CDT
And now the can of worms pops open.......................... Reply
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+7
kokuaguy
Jun 13, 09 5:16 PM 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." Reply
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+7
JonmarkP
Jun 13, 09 5:24 PM 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. Reply
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+6
TerrifiedCitizen
Jun 13, 09 5:52 PM CDT
All about money; isn't that always the case? Reply
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-2
Reader64481089
Jun 13, 09 6:24 PM CDT
There are times when money is the only recourse, take the case of two brothers in New York who were arrested for dealing drugs. As they sat in jail attempting top figure out a was to prove their innocence one of them thought of something, the surveillance video at the bar they were at. They made bail and ran straight to the bar and obtained the two hour video of them at the bar and sure enough everything the cops had sworn to was a lie, the brothers had sat drinking alone the entire time. Their only crime? Then were not white and they went to jail. The case against them has been tossed, the two cops are now facing prison time and the two brothers who's business was destroyed along with their lives are suing to regain a tiny part of what was stolen by the cops. Again both were FULLY VINDICATED in the end and if the torture info was released this person might actually be innocent as well, you say about anything to save your life when you think you are about to die. Go here for verification on my words. http://www.comcast.net/articles/news-general/20090613/US.Vindicated.by.Video/ Reply
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+3

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