Defendant Rumsfeld

from In These Times:



How U.S. Citizens Are Suing Donald Rumsfeld for Torture

Monday
Aug 22, 2011
12:37 pm

By David Szydloski


By denying the government’s motions to dismiss their complaints, two federal court decisions made at the beginning of the month, Vance v. Rumsfeld (7th Circuit 2011) and John Doe v. Rumsfeld (U.S. District Court, District of Columbia, 2011), allowed three U.S. citizens to proceed with their civil lawsuits against former Secretary of Defense Donald Rumsfeld.

The plaintiffs allege that while Rumsfeld was still Secretary of Defense, he was directly involved “in creating and carrying out policies that caused” their torture while in U.S. custody in Iraq. But how can Rumsfeld be sued for the crimes perpetrated by unnamed torturers? Finding the answer to that question provides a look at how civil liberties are faring under Obama’s presidency.

There are two parts of the government’s motion to dismiss that need to be looked at separately; the claim that the plaintiffs did not have an appropriate cause of action and that the plaintiffs did not plead sufficient facts to support their allegations. (Note: I will only be discussing the Vance decision here.)

1. Cause of Action

The plaintiffs in Vance allege that their Fifth Amendment right of due process was violated by the illegal torture and detainment which they were subjected to because of policies Mr. Rumsfeld implemented. ..........(more)

The complete piece is at: http://www.inthesetimes.com/ittlist/entry/11851/how_can_two_civilians_file_a_law_suit_against_rumsfeld/

We're reduced to depending on private citizens holding criminals accountable in the civil courts. I'm hoping this is the last of these kinds of changes visited on our country, and we get back to prosecuting torture and illegal detainment the way we used to.

sounds even better. I wish.

get justice. Good for the judges who overruled the Government. Civil suits that hopefully will disrupt the luxurious life of torture criminal, Rumsfeld, are better than nothing. In a just society he would have been arrested and tried long ago. Or the Spanish court would have been allowed to do its job without interference from the US Govt.

The Center for Constitutional Rights is ready and waiting to file an already prepared indictment against Bush the instant he steps foot out of the country.

They also filed a complaint against Rumsfeld last time he was in France, but it was dismissed (and I think Rumsfeld was ushered out of the country in the middle of the night).

It's cold comfort that these bastards need to constantly be looking over their shoulder. They should all be hauled off to Den Haag.

reminded of their crimes from time to time. I was more than shocked and disappointed when I read the Wikileaks cables revealing that the Obama administration directly interfered in the Spanish court's intended prosecution of US War Criminals. I also was horrified to see the disdain our diplomats demonstrated for one of the most highly respected judges of the European Court of Human Rights revealed by the Wikileaks cables. If it had been only Bush, there was some hope, but we now have to face the fact that it not.

If prosecutions had taken place, it would at least have shown that the US will not tolerate such gross human rights violations. But since they did not, society has learned to accept them without any sense of outrage. Shame on Obama for his role in this.