Mother of tortured U.S. citizen appeals case to Supreme Court [View all]
Source: Raw Story
Mother of tortured U.S. citizen appeals case to Supreme Court
By Eric W. Dolan
Monday, April 23, 2012 17:19 EDT
On Monday, the mother of a U.S. citizen who was allegedly tortured at a naval base in Charleston asked the U.S. Supreme Court to reinstate a lawsuit against former Defense Secretary Donald Rumsfeld and other government officials on behalf of her son.
Jose Padilla, a convicted terrorist, had sued Rumsfeld and other U.S. officials over his alleged torture at the naval base, but a district court judge granted Rumsfeld immunity and dismissed the case, Padilla v. Rumsfeld. The U.S. Court of Appeals for the Fourth Circuit upheld the dismissal in January.
“If the appeals court’s ruling is allowed to stand, government officials will have a blank check to commit any abuse in the name of national security, even the brutal torture of an American citizen in an American prison,” said Ben Wizner, the ACLU attorney who argued the case before the Fourth Circuit. “It is precisely the role of the courts to ensure that allegations of grave misconduct by Executive Branch officials receive fair adjudication. That vital role does not evaporate simply because those officials insist that their actions are too sensitive for judicial review.”
Padilla was arrested as an “enemy combatant” in May of 2002 after returning to the U.S. from Egypt. He was detained at a U.S. navy prison in South Carolina for nearly four years without charge.