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elleng

(130,964 posts)
Mon Dec 14, 2015, 09:05 PM Dec 2015

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct.

'For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change.

The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror."

The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.

See more news and opinion from Thom Hartmann at Truthout here.

Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller.

A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it.

Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.'

http://www.truth-out.org/opinion/item/34032-court-rules-bush-administration-can-be-sued-for-war-on-terror-conduct

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Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct. (Original Post) elleng Dec 2015 OP
The Scalia Five will overturn Kelvin Mace Dec 2015 #1
Someone has to be able to hold the Executive Branch accountable. Volaris Dec 2015 #4
The problem is Kelvin Mace Dec 2015 #13
As I recall, it was Nancy Pelosi-D who said it was "off the table". libdem4life Dec 2015 #33
Pelosi didn't run the Justice Department Kelvin Mace Dec 2015 #36
She set it up...and what was Justice to do with it not coming to them? She shut it down. libdem4life Dec 2015 #37
The Attorney General doesn't take his/her orders/agenda from Congress Babel_17 Dec 2015 #39
I agree. Lots of other steps could have been taken, but she was chosen to make the decision. libdem4life Dec 2015 #40
The people subject to investigation for torture and war crimes were NOT Kelvin Mace Dec 2015 #41
Well, I guess you'd better tell her that...not me. That was her first act as Majority Speaker, IIRC libdem4life Dec 2015 #42
I am talking about the president's power Kelvin Mace Dec 2015 #43
So I was talking about Pelosi...it's all good. libdem4life Dec 2015 #45
IIRC that was in regards impeachment, it was off the table (nt) Babel_17 Dec 2015 #38
Nice, but... Mike Nelson Dec 2015 #2
This is huge malaise Dec 2015 #3
K & R MoreGOPoop Dec 2015 #5
This is the topic that was floriduck Dec 2015 #6
Spot on, Thom! Dont call me Shirley Dec 2015 #7
You can sue someone for farting on the subway. MADem Dec 2015 #8
We've done the expensive for decades and decades more to come. Phlem Dec 2015 #11
What's with the rude snark? MADem Dec 2015 #12
Are Effing kidding me? Phlem Dec 2015 #14
Oh, please--like you are the only taxpayer on this board? MADem Dec 2015 #15
yep and there it goes. Phlem Dec 2015 #16
I'm not the one who has to make "rape" and "fuck" references to MADem Dec 2015 #17
Keep going...... Phlem Dec 2015 #19
What does that--and the little popcorn thing--even mean? MADem Dec 2015 #21
Good night then. :) Phlem Dec 2015 #22
Ummm hmmmm. MADem Dec 2015 #23
Der der? Phlem Dec 2015 #25
. MADem Dec 2015 #26
Going for my second batch!!! Phlem Dec 2015 #27
Certainly better at the spelling and grammar! MADem Dec 2015 #28
Oooh Nice! Phlem Dec 2015 #29
I don't think the mechanism was in place though, as it was in this case... LanternWaste Dec 2015 #30
And that's an entirely fair point that you are making. MADem Dec 2015 #34
It will be very interesting to see the warrants served. Ford_Prefect Dec 2015 #9
These are civil cases, not criminal. There won't be any warrants. Nt stevenleser Dec 2015 #18
There will be papers served in some form. Ford_Prefect Dec 2015 #24
Registered letter? nt MADem Dec 2015 #35
FUCK YES! K&R!!! Phlem Dec 2015 #10
It will be interesting to see what happens if/when the SCOTUS gets a hold of this case stevenleser Dec 2015 #20
The suits alone, regardless of whether the plaintiffs win or lose... LanternWaste Dec 2015 #31
Kickin' Faux pas Dec 2015 #32
HUGE K & R !!! WillyT Dec 2015 #44

Volaris

(10,272 posts)
4. Someone has to be able to hold the Executive Branch accountable.
Mon Dec 14, 2015, 10:34 PM
Dec 2015

If Congress WONT do it, it becomes the responsibility of the Judiciary.
I think Kennedy and Beyers both understand that.
=)

 

Kelvin Mace

(17,469 posts)
13. The problem is
Tue Dec 15, 2015, 12:27 AM
Dec 2015

that since Obama refused to investigate and/or prosecute the Bush/Cheney gang, torture is now legal. Hell, even the current crop of GOP candidates are happy to bring it back.

Scalia and his pals are not about to let their dear, dear friends be held accountable, especially when Obama didn't.

 

libdem4life

(13,877 posts)
33. As I recall, it was Nancy Pelosi-D who said it was "off the table".
Tue Dec 15, 2015, 03:40 PM
Dec 2015

I always felt like there was a real quid pro quo there, but who knows...oligarchy being what it is. And it will go nowhere here, either, again, oligarchy.

Oligarchy (from Greek ὀ??????ί? (oligarkhía); from ὀ?ί??? (olígos), meaning "few", and ἄ??? (arkho), meaning "to rule or to command&quot [1][2][3] is a form of power structure in which power effectively rests with a small number of people. These people might be distinguished by royalty, wealth, family ties, education, corporate, religious or military control. Such states are often controlled by a few prominent families who typically pass their influence from one generation to the next, but inheritance is not a necessary condition for the application of this term.

 

Kelvin Mace

(17,469 posts)
36. Pelosi didn't run the Justice Department
Tue Dec 15, 2015, 04:26 PM
Dec 2015

so ultimately, it was up to Obama, and he wanted to "look forward, not backward", as I recall.

 

libdem4life

(13,877 posts)
37. She set it up...and what was Justice to do with it not coming to them? She shut it down.
Tue Dec 15, 2015, 04:40 PM
Dec 2015

Obama was a Beltway newbie and was not going to pick a fight with Legislative out of the gate. There was definitely a quid pro quo there. It all happened before the new Democratic paint was dry in the Capitol offices.

Pelosi had tremendous power and she used it.

Babel_17

(5,400 posts)
39. The Attorney General doesn't take his/her orders/agenda from Congress
Tue Dec 15, 2015, 05:20 PM
Dec 2015

There is an expectation that they will coordinate their agenda in line with the goals of the administration, and consult with the administration, but if the head of the DOJ sees a smoking gun and wants to investigate, then there can be an investigation.

Afaik, I am not a lawyer.

 

libdem4life

(13,877 posts)
40. I agree. Lots of other steps could have been taken, but she was chosen to make the decision.
Tue Dec 15, 2015, 05:44 PM
Dec 2015

Given the timing, she Had to have been given the Nod to go for it. Nothing that large just "happens". Protocol or no...they were not going to have a public fight? She had a large phalanx of people on that stage when she announced it.

Perception trumps (no pun intended but it works) facts in many cases. Regardless, it went unopposed.

 

Kelvin Mace

(17,469 posts)
41. The people subject to investigation for torture and war crimes were NOT
Tue Dec 15, 2015, 05:48 PM
Dec 2015

in the legislature, they were in the Bush executive branch. So, again, not her call and not a fight with congress.

 

libdem4life

(13,877 posts)
42. Well, I guess you'd better tell her that...not me. That was her first act as Majority Speaker, IIRC
Tue Dec 15, 2015, 06:13 PM
Dec 2015

Impeachment included all of the "ventures" plus those involved. Only one person could be impeached...the rest prosecuted. But it was the the same bundle of crooks, IMO.

 

Kelvin Mace

(17,469 posts)
43. I am talking about the president's power
Tue Dec 15, 2015, 07:36 PM
Dec 2015

to order the justice department to investigate violations of national and international law (which the U.S. is bound to by treaty), not impeachment. I never used the word "impeachment".

MoreGOPoop

(417 posts)
5. K & R
Mon Dec 14, 2015, 10:36 PM
Dec 2015

If the BFEE were to retake the White House, would not these cases disappear
down a rabbit hole? I feel another theft coming on. Does anyone know the
latest on updating/securing our election process? How do we prevent full-tilt
fascism?

 

floriduck

(2,262 posts)
6. This is the topic that was
Mon Dec 14, 2015, 10:39 PM
Dec 2015

My first Barack Obama disappointment. He's unfortunately had more than a few right up to the promotion of the TPP. I voted for him twice and somehow feel like I've been fleeced.

MADem

(135,425 posts)
8. You can sue someone for farting on the subway.
Mon Dec 14, 2015, 11:04 PM
Dec 2015

It doesn't mean you're going to win---and if you don't win, it can get very expensive.

Phlem

(6,323 posts)
11. We've done the expensive for decades and decades more to come.
Mon Dec 14, 2015, 11:57 PM
Dec 2015

In this particular case justice could be served for the citizens of the United States, other countries and a lesson learned.

I say spend the fuck out of it.

Not doing it would enable more in the future to rape the country but I can see how you can be apprehensive about this.



MADem

(135,425 posts)
12. What's with the rude snark?
Tue Dec 15, 2015, 12:19 AM
Dec 2015
Not doing it would enable more in the future to rape the country but I can see how you can be apprehensive about this.


Love the way you like to boast about "spend the fuck out of it" when it's not YOUR money....If you were getting the bill, I suspect you'd be more circumspect.


And I'm not "apprehensive" about a single thing (save, perhaps, your weird use of "fuck" and "rape" in a post that really doesn't need those terms). Why would I be apprehensive? Please, do tell. Sounds like an ugly little accusation you're making there--but you can certainly correct me if I am mistaken as to your intent. Perhaps you were clumsy in your expression?

I am a realist, though. Every time I hear that "To the Hague!" horseshit I have to sigh, too.

You can sue a ham sandwich if you'd like. That doesn't mean you're going to get any lettuce at the end of the day.





Phlem

(6,323 posts)
14. Are Effing kidding me?
Tue Dec 15, 2015, 12:35 AM
Dec 2015

"Love the way you like to boast about "spend the fuck out of it" when it's not YOUR money....If you were getting the bill, I suspect you'd be more circumspect. "

I've been getting the bill from the MIC for decades, as if I want to spend my money on that.

I also know how much you disparage Sanders and you're asking me about snark!?

One of your members called Sanders a pacifist in his rant the other night and that moment was a complete compliment and validation of what the Hillary crowd thinks. WAR WAR WAR!!!! Yeay Murica!!! Just join the Republicans already.

Complete hypocrisy.

I too was born at night, but not last night.

PS... yes and I have links if you want. As a matter of fact here's one right now!

http://www.democraticunderground.com/?com=view_post&forum=1251&pid=492376

But of course your always right huh?

MADem

(135,425 posts)
15. Oh, please--like you are the only taxpayer on this board?
Tue Dec 15, 2015, 12:43 AM
Dec 2015

It's easy to puff out your chest and say "Sue the bastards" but someone has to pay for the lawyers. If you were footing the bill I would wager you'd pick your battles more carefully than your "fuck/rape" language seems to imply.

Hate to tell you this--this thread is NOT ABOUT SANDERS. Not everything is about feeling that bern, ya know?

This is about the Bush administration's overreaches, back when Sanders was sitting quietly in the House, voting to pay that "MIC" of yours, year in and year out.

What's "complete hypocrisy" is your pointless name calling and aspersion casting at me; completely undeserved, too.

Tell you what--when you pay a lawyer to sue a Bush administration official, and get a favorable decision, send me a haughty PM if you'd like.

Like I said, you can sue a ham sandwich--getting a decision is the tricky bit.

Phlem

(6,323 posts)
16. yep and there it goes.
Tue Dec 15, 2015, 12:50 AM
Dec 2015


BLAHH BLAHHH BLAHH................

I guess 120 thousand plus posts gives you superhuman strength to drown everyone's shit but your own.

MADem

(135,425 posts)
17. I'm not the one who has to make "rape" and "fuck" references to
Tue Dec 15, 2015, 12:56 AM
Dec 2015

express myself, or cast aspersions on fellow DUers who don't enthusiastically cheerlead my pipe dreams. Your latest comment is just charming:

I guess 120 thousand plus posts gives you superhuman strength to drown everyone's shit but your own.


Your "arguments" are nothing but personal insults.


Like I said, when you initiate your BushCo lawsuit, send me a PM. Better still, trumpet it for all to hear on this very thread.

I look forward to your successes....

MADem

(135,425 posts)
21. What does that--and the little popcorn thing--even mean?
Tue Dec 15, 2015, 01:10 AM
Dec 2015

"Keep going...."

You're the one with the meandering, hot-breathed invective, not me!

Phlem

(6,323 posts)
27. Going for my second batch!!!
Tue Dec 15, 2015, 03:26 PM
Dec 2015


keep it coming, I can do this all day. You obviously superior at it!

MADem

(135,425 posts)
28. Certainly better at the spelling and grammar!
Tue Dec 15, 2015, 03:28 PM
Dec 2015
keep it coming, I can do this all day. You obviously superior at it!

 

LanternWaste

(37,748 posts)
30. I don't think the mechanism was in place though, as it was in this case...
Tue Dec 15, 2015, 03:31 PM
Dec 2015

I don't think the mechanism was in place though, as it was in this case, to prevent one suing someone for farting on the subway. That seems a relevant contrast.

MADem

(135,425 posts)
34. And that's an entirely fair point that you are making.
Tue Dec 15, 2015, 03:49 PM
Dec 2015

Still (and just because I say this does not mean I am "happy" about it--DU does tend to roll that way, though), I think it is a tough, rough, and HIGH bar that they are setting, here. These guys are protected to no small extent by their status while in government, their "official capacity." Trying to sue them as private citizens? I don't see that flying. I can't see how they'd be able to get to that descriptor when "official capacity" colored their every move.

And if they are tried as "government officials" then "the government" will have to cough up for their defense, and do so vigorously. This ain't just a little sex or fondling, here--an obviously private impropriety. There's an argument to be made (regardless of validity) that these were "wartime imperatives."

I think it is a tough sell, myself. We'll see.

 

stevenleser

(32,886 posts)
20. It will be interesting to see what happens if/when the SCOTUS gets a hold of this case
Tue Dec 15, 2015, 01:00 AM
Dec 2015

As I am sure it will.

I also want to know whether the suits will be against these folks in their official capacity (Which I think means the government would pick up their legal tab as well as pay for any judgements) or whether the suits are against them as private individuals.

 

LanternWaste

(37,748 posts)
31. The suits alone, regardless of whether the plaintiffs win or lose...
Tue Dec 15, 2015, 03:34 PM
Dec 2015

The suits alone, regardless of whether the plaintiffs win or lose could certainly go a long way both opening eyes and re-branding the Bush administration.

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