December 8, 2006
Story Highlights
• Suit filed by Human Rights First, ACLU claims Rumsfeld OK'd abuse
• Government contends top officials immune from suits
• Government says allowing suits could disrupt military operations=
WASHINGTON (AP) -- Outgoing Defense Secretary Donald H. Rumsfeld is asking a federal judge to dismiss a lawsuit that would hold him personally responsible for torture in overseas military prisons.
The Justice Department argues that Rumsfeld cannot be sued. Government officials are generally immune from lawsuits related to their jobs unless they violate a constitutional right.
The civil rights groups say Rumsfeld violated the prisoners' right of due process and to be free of cruel and unusual punishment. The government argues that foreigners held outside the United States do not have constitutional rights.
If the court lets the lawsuit continue, the Justice Department said, it would allow prisoners around the world to use U.S. courts to disrupt military operations.
"Subjecting military leaders to such personal tort liability could distract them from their duties, and the specter of captured aliens harassing military personnel with time-consuming individual capacity litigation could cause grave damage to military morale," the government wrote in briefs filed with the court.
http://www.cnn.com/2006/LAW/12/08/detainee.abuse.ap/index.htmlhttp://journals.democraticunderground.com/bigtree