To: goldworldnet who wrote (169572 ) 6/14/2009 3:43:17 PM From: Skywatcher 3 Recommendations Read Replies (1) | Respond to of 361043 Flag day...celebrate with JUSTICE Yoo, Bush Administration Lawyer, Must Face Torture Lawsuit By Karen Gullo June 13 (Bloomberg) -- John Yoo, a ex-Justice Department attorney who wrote memos justifying harsh interrogations of terrorism detainees, lost his bid to dismiss a lawsuit blaming him for alleged violations of a detainee’s rights. Jose Padilla, convicted last year of supporting terrorists and conspiring to commit murder, was detained for three years as an enemy combatant in the U.S., where he claims he was subjected to physical abuse. He sued Yoo, who wrote in advisory memos for the Bush administration that terrorism suspects weren’t protected by Geneva Convention bans on physical abuse. Padilla claimed Yoo created a system of torture. U.S. District Judge Jeffrey White denied most of Yoo’s motion to dismiss the case, saying even enemy combatants are protected by the U.S. Constitution. “Like any other government official, government lawyers are responsible for the foreseeable consequences of their conduct,” White wrote in the ruling yesterday. “The specific designation as an enemy combatant does not automatically eviscerate all of the constitutional protections afforded to a citizen of the United States.” Yoo, now a professor at the University of California at Berkeley, is represented in the case by the Justice Department. Matthew Miller, a department spokesman, declined to comment on the ruling. Jonathan Freiman, an attorney for Padilla, didn’t immediately respond to a voice-mail message left after regular business hours yesterday. Coercive Interrogations Padilla claims that Yoo’s memos led to a system under which he was subject to coercive interrogations and cruel and unusual punishment while being denied his right to an attorney, access to courts, freedom of religion and due process. Yoo argued that, as a government official, he was immune to such lawsuits. He didn’t personally participate in Padilla’s treatment and decisions about the government’s conduct during war should be decided by the president and Congress, he said. Padilla asked for $1 in damages and court order declaring his treatment illegal and unconstitutional. White dismissed Padilla’s allegation that his right against self-incrimination was violated and said Padilla could amend his lawsuit to add information to support that claim. The case is Padilla v. Yoo, 08-00035, U.S. District Court, Northern District of California (San Francisco). To contact the reporter on this story: Karen Gullo in San Francisco at kgullo@@bloomberg.net. Last Updated: June 13, 2009 00:01 EDT