HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » Top court rejects Padilla...
Introducing Discussionist: A new forum by the creators of DU

Mon Jun 11, 2012, 02:18 PM

Top court rejects Padilla torture lawsuit appeal

Source: Reuters

By James Vicini
WASHINGTON | Mon Jun 11, 2012 11:01am EDT

(Reuters) - The Supreme Court on Monday rejected an appeal by a citizen who said he had been tortured at a military jail in South Carolina and who sought to hold former Defense Secretary Donald Rumsfeld and other officials accountable.

The justices let stand a U.S. appeals court ruling that dismissed the lawsuit by Jose Padilla on the grounds his allegations lacked merit. The appeals court said he had no right to sue for the alleged constitutional violations and the judiciary could not review such sensitive military decisions.

Padilla, a former Chicago gang member and a Muslim convert turned al Qaeda recruit who had been convicted on terrorism charges, sued a number of U.S. military and Defense Department officials, including Rumsfeld.

In the lawsuit Padilla sought a declaration that his designation as an enemy combatant, his military detention and his treatment in custody were unconstitutional. He had been held in the military prison from June 2002 until January 2006.

-snip-


Read more: http://www.reuters.com/article/2012/06/11/us-usa-security-padilla-idUSBRE85A0X920120611

11 replies, 1788 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 11 replies Author Time Post
Reply Top court rejects Padilla torture lawsuit appeal (Original post)
Eugene Jun 2012 OP
a2liberal Jun 2012 #1
Solly Mack Jun 2012 #2
cstanleytech Jun 2012 #3
EFerrari Jun 2012 #4
cstanleytech Jun 2012 #7
EFerrari Jun 2012 #9
Ian David Jun 2012 #5
Bandit Jun 2012 #6
Politicalboi Jun 2012 #8
EFerrari Jun 2012 #10
Nihil Jun 2012 #11

Response to Eugene (Original post)

Mon Jun 11, 2012, 02:32 PM

1. Ugh.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Eugene (Original post)

Mon Jun 11, 2012, 02:34 PM

2. K&R

...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Eugene (Original post)

Mon Jun 11, 2012, 02:35 PM

3. Perhaps he sued the wrong people?

"Attorneys representing Rumsfeld and five other former Defense Department and military officials opposed the appeal and said further Supreme Court review of the case was unwarranted.

"Settled law clearly shields military officials from personal liability for their execution of the president's and Congress's war powers, as well as more broadly for implementation of military policies and operations," their main lawyer, Richard Klingler, wrote in a brief filed with the court."

So perhaps he should have tried suing Bush? After all it was his decision in the end as president and he cant hide behind the "I am in the military and was just following orders" defense.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cstanleytech (Reply #3)

Mon Jun 11, 2012, 02:40 PM

4. Rumsfeld was Secretary of Defense and a civilian.

This court is trying to cover his criminal ass by treating him as if he was a troop in uniform, isn't it?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to EFerrari (Reply #4)

Mon Jun 11, 2012, 03:17 PM

7. Looks like it but *shrug*

I am with the other poster though and think they should be tried before the Hague.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cstanleytech (Reply #7)

Mon Jun 11, 2012, 03:39 PM

9. The problem with that is, like the UN, the United States has a lot of influence

at the Hague. So, if our right wing nutjob court won't go there, it's a good bet that pressure is being brought to bear on the international systems, too.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cstanleytech (Reply #3)

Mon Jun 11, 2012, 02:44 PM

5. This is why they need to be tried under international law at The Hague. n/t

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Eugene (Original post)

Mon Jun 11, 2012, 02:57 PM

6. How is it possible he does not have standing?

He was taken off the streets of Chicago and whisked away without being charged with any crime and held for years under a made up catagory of enemy combatant.. He was denied every basic Right of american citizenship. Lack of speedy trial, jury of his peers, right of Habeas Corpus, basically every founding principle of our country and he was denied everything...Still is being denied recourse....

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Bandit (Reply #6)

Mon Jun 11, 2012, 03:31 PM

8. All part of the plan

This is what 9/11 did for them. Along with lining their pockets.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Bandit (Reply #6)

Mon Jun 11, 2012, 03:40 PM

10. They destroyed his mind right in front of our faces.

That fact alone should set us back on our heels.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Bandit (Reply #6)

Tue Jun 12, 2012, 07:58 AM

11. "Little People" don't have standing to call "Big People" to account for their crimes.

Every point you mentioned is correct.

This case merely serves to underline that you are no longer living in
the nation of your Founding Fathers.

That is a state of affairs that is much deeper than trivial name changes
like "Amercia" and "Amerika" but it seems to get a lot less notice by
the majority of people affected by it ...


Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread