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Tuesday, August 09, 2011

Judge allows American to Sue Rumsfield

For the complete article Google Judge allows American to Sue Rumsfield Hats off to Neidra Pickler and to the Judge for supporting the Constitution of the United States, something our congress has forgotten about.

The Obama administration has represented Rumsfeld through the U.S. Justice Department and argued that the former defense secretary cannot be sued personally for official conduct. The Justice Department also argued that a judge cannot review wartime decisions that are the constitutional responsibility of Congress and the president. And the department said the case could disclose sensitive information and distract from the war effort, and that the threat of liability would impede future military decisions.
But U.S. District Judge James Gwin rejected those arguments and said U.S. citizens are protected by the Constitution at home or abroad during wartime."The court finds no convincing reason that United States citizens in Iraq should or must lose previously declared substantive due process protections during prolonged detention in a conflict zone abroad," Gwin wrote in a ruling issued Tuesday.
"The stakes in holding detainees at Camp Cropper may have been high, but one purpose of the constitutional limitations on interrogation techniques and conditions of confinement even domestically is to strike a balance between government objectives and individual rights even when the stakes are high," the judge ruled.
CREDIT to Nedra Pickler