Post from Ashwini's Blog:
Government accountability? What's that?
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It is a sad, sad day.  Especially for us at the ACLU offices.

Are we to believe our government officials are completely exempt from being held accountable for their actions?

The case brought by survivors of torture, against former Secretary of Defense Donald Rumsfeld has been dismissed by a US District judge.  The victims were tortured in secret prisons in Iraq and Afghanistan.  The lawsuit alleged that Rumsfeld and other top military officials were aware of the torture and abuse, but ignored the warnings, and instead actually authorized more "extreme" interrogation techniques.   

"No matter how appealing it might seem to use the courts to correct allegations of severe abuses of power, Hogan wrote, government officials are immune from such lawsuits. Additionally, foreigners held overseas are not normally afforded U.S. constitutional rights."

It's just depressing.


Reader Comments

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Well, let's talk about the actual law here.
By Superduperficial Mar 27th 2007 at 5:02 pm EDT
What should the law on the matter be? Is this judge's interpretation consistent with precedent on the matter? If so, what was our intention in writing the law that way in the first place? Since as far as the law is concerned we're currently in Iraq and Afghanistan at the pleasure of their respective governments, how does that change things?

Are they able to sue Rumsfeld in our civil courts under the Alien Tort Claims Act?

We all agree that people who were unjustly tortured should ideally have justice. But what we have to be talking about is the process, and whether it functioned correctly or not. Focusing on "here's an outcome I don't like" isn't sufficient when discussing legal issues.
  
the untouchables
By Christy Mar 28th 2007 at 2:29 pm EDT
Rumsfeld isn't the only member/former member of this administration who is apparently untouchable.
Remember when special counsel Partrick Fitzgerald investigated the leak of CIA agent Plame's ID, and he didn't indict Rove and Cheney (even though at least Rove should have been indicted)?
And when Nancy Pelosi became Speaker of the House, one of the first things she said was that impeachment was off the table.
Now this judge refuses to try Runmsfeld, even though he's not even in office anymore.
Why is everyonen so scared of this administration? They are not above the law!
  
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