General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCourt 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
Kelvin Mace
(17,469 posts)The right to torture now legal.
Volaris
(10,272 posts)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)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)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" [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)so ultimately, it was up to Obama, and he wanted to "look forward, not backward", as I recall.
libdem4life
(13,877 posts)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)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)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)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)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)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".
libdem4life
(13,877 posts)Babel_17
(5,400 posts)Mike Nelson
(9,959 posts)...it won't put them where they belong.
malaise
(269,038 posts)Rec
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)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.
Dont call me Shirley
(10,998 posts)MADem
(135,425 posts)It doesn't mean you're going to win---and if you don't win, it can get very expensive.
Phlem
(6,323 posts)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)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)"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)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)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)express myself, or cast aspersions on fellow DUers who don't enthusiastically cheerlead my pipe dreams. Your latest comment is just charming:
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....
Phlem
(6,323 posts)MADem
(135,425 posts)"Keep going...."
You're the one with the meandering, hot-breathed invective, not me!
Phlem
(6,323 posts)MADem
(135,425 posts)Phlem
(6,323 posts)keep it coming, I can do this all day. You obviously superior at it!
MADem
(135,425 posts)LanternWaste
(37,748 posts)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)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.
Ford_Prefect
(7,901 posts)Not to mention the Voir Dire.
stevenleser
(32,886 posts)Ford_Prefect
(7,901 posts)MADem
(135,425 posts)Phlem
(6,323 posts)I hope this goes all the way! It's way past time to right the wrong!
stevenleser
(32,886 posts)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)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.