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DOJ Wants American Contractor's Torture Suit Against Rumsfeld Dismissedby Mike ScarcellaLegalTimesBlog Mar. 19, 2012 |
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 The Obama DOJ, mind you.The Justice Department is urging a federal appeals court in Washington to strike down a ruling that said former Defense Secretary Donald Rumsfeld can be held personally liable for the alleged torture of an American contractor detained in military custody in Iraq. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will hear the case, Doe v. Rumsfeld, on Monday morning. DOJ lawyers said in court papers that the suit impermissibly intrudes on foreign detention policy and conduct in a combat zone. The government wants the appeals court panel to overturn a ruling from U.S. District Judge James Gwin, who said last August that the suit can proceeding in Washington's federal trial court. Gwin rejected the government's effort to dismiss the litigation. DOJ Civil Division attorney Henry Whitaker, who will argue for Rumsfeld, said in a brief that Congress has not crated a damages action for detainees who allege they were injured or abused in military custody. Read More |
