Bush official granted immunity in torture case
5 May 2012 8:17 PM IST
A federal appeals court has granted immunity to a former Bush administration official from a lawsuit by a US citizen claiming he was tortured under military custody, the second such ruling this year.
The Ninth Circuit Court of Appeals dismissed on Wednesday terror convict Jose Padilla's lawsuit against John Yoo, who drafted legal memos for president George W Bush's 'war on terror' that justified the use of certain enhanced interrogation techniques on terror suspects.
A three-judge panel of the court, based in San Francisco, said in a unanimous decision that Yoo was immune from such challenges because it was 'not clearly established' in the two years that followed the September 11, 2001 attacks that Padilla's alleged treatment rose to the level of torture.
The so-called torture memos authored by Yoo, and rejected by President Barack Obama in 2009, were drafted during that period.
Padilla claimed that Yoo violated the Constitution through his role in crafting policies that ultimated triggered his unlawful detention and interrogation. In addition, the appeals court ruling said that it was not 'beyond debate' that Padilla, who was declared an enemy combatant, 'was entitled to the same constitutional protections as an ordinary convicted prisoner or accused criminal.'
The decision came after the Fourth Circuit Court of Appeals - based on the other side of the country in Richmond, Virginia - tossed out Padilla's lawsuit against former and present officials - including defense secretary Leon Panetta and former secretary Donald Rumsfeld - for similar reasons.
The Ninth Circuit Court of Appeals dismissed on Wednesday terror convict Jose Padilla's lawsuit against John Yoo, who drafted legal memos for president George W Bush's 'war on terror' that justified the use of certain enhanced interrogation techniques on terror suspects.
A three-judge panel of the court, based in San Francisco, said in a unanimous decision that Yoo was immune from such challenges because it was 'not clearly established' in the two years that followed the September 11, 2001 attacks that Padilla's alleged treatment rose to the level of torture.
The so-called torture memos authored by Yoo, and rejected by President Barack Obama in 2009, were drafted during that period.
Padilla claimed that Yoo violated the Constitution through his role in crafting policies that ultimated triggered his unlawful detention and interrogation. In addition, the appeals court ruling said that it was not 'beyond debate' that Padilla, who was declared an enemy combatant, 'was entitled to the same constitutional protections as an ordinary convicted prisoner or accused criminal.'
The decision came after the Fourth Circuit Court of Appeals - based on the other side of the country in Richmond, Virginia - tossed out Padilla's lawsuit against former and present officials - including defense secretary Leon Panetta and former secretary Donald Rumsfeld - for similar reasons.
Next Story
