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Judge Rules Yoo Must Testify in Padilla Trial

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While I'm happy to see him called to account, I'd sure like to see Yoo's superiors get the credit for demanding the torture rationale:

A federal judge has ruled that John Yoo, a former Bush administration lawyer who wrote crucial memorandums justifying harsh interrogation techniques, will have to answer in court to accusations that his work led to a prisoner’s being tortured and deprived of his constitutional rights.

The government had asked Judge Jeffrey S. White of Federal District Court in San Francisco to dismiss the case filed by Jose Padilla, an American citizen who spent more than three years in a military brig as an enemy combatant. Judge White denied most elements of Mr. Yoo’s motion and quoted a passage from the Federalist Papers that in times of war, nations, to be more safe, “at length become willing to run the risk of being less free.”



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Mr Yoo, isn't it true that torture is a war crime?

On how yoo define "is"

The verb to be! The verb of existence!

"Man torturing man is a fiend beyond description. You turn a corner in the dark and there he is. You congeal into a bundle of inanimate fear. You become the very soul of anesthesia. But there is no escaping him. It is your turn now..."

Henry Miller
1891-1980, American Author

If anyone hears the faint sound of yelping and jumping for joy it's me doing summer saults down the street in the Berkshires and cheering!!!

Finally! Some good news!!!

I just hope C-Span covers it so we can watch his attorney keep telling him, "Don't answer the question." "Plead the fifth."

Boy, I'll bet all the suits at the Justice Department are scrambling right now trying to decide how to put the ol' kibosh on this thing.

Ha!

This is great. It's about freaking time!

Abby, there is similar rejoicing here in the mountains of Alberta!

And in the streets of Seoul. Hurray!! It's about time. Let's get this thing going: release the documents!!!!!

Let's start a worldwide wave!

Loud rejoicing upon hearing this news is going on over here in London, UK.

Addison next.

Then Cheney.

"I don't recall"

NO

It's

"I don't recall not recalling."

the party of no!
No honesty, no integrity, no honor, no bravery, no fucking sense.
a republican lawyer is a liar and a coward just like any other republican. or maybe just like any modern day republican.
republicanism is a mental illness!

...beyond hypocrisy, and beneath contempt.

No, and Tax Cuts.
Shameless Hypocrisy, and Tax Cuts.
Talk Radio Wingnuts, and Tax Cuts.
Torture, and Tax Cuts.
Illegal Wars, and Tax Cuts.
The Unitary Executive, and Tax Cuts.
Safety Before Liberty, and Tax Cuts.
Tax Cuts, and ... Whatever.

Accountability.

He just has to testify at somebody else's trial. Until he is the one in the hot seat, there will be no accountability for his action.

At his own trial he would not HAVE to testify. Here he does, apparently.

It depends entirely on the line of questioning but the topic is torture.

He can take the fifth amendment, he can tell the truth or he lie.

Being in a court of law testifying under oath on matters of serious criminality, is not a situation the culpable would relish.

That is a hot seat, all else being equal.

Let us hope that Padilla has the best legal team in existence.

I wonder which avenue Mr Yoo will choose. Whatever he says or doesn't say will be interesting.

nothing will come out of this. He will show up, plead the 5th, or simply say he does not recall. And that will be the end of that.

Sorry, my point still stands: being asked to testify is very f*cking far from being held responsible. Until he is being tried, there will be no responsibilities being requested from him. Period.

'…all else being equal.'

.

Yoo is being sued.

Not just compelled to testify.

"Mr. Yoo’s motion and quoted a passage from the Federalist Papers that in times of war, nations, to be more safe, “at length become willing to run the risk of being less free.”

I thought the Union won the civil war????

I can live with the slow erosion of these bastards.

Justice may be slow, but it's creeping closer.

I'm glad we'll finally have a court record with Yoo attempting miserably to defend himself and his bosses, but I just see this as another potentially futile exercise in lawyering up. It REALLY depends on if this Federal Judge is going to keep up this hardass stance and not wither in the face of mean Republicans (they have a tendency to do that when the heat gets high).

Still, I will raise a glass to screwing Yoo!

Screw you too. (hyuck hyuck hyuck.)

According to the SF Chronicle, Yoo himself is the target of the suit.

Judge: Ex-Bush lawyer can be sued over torture

A prisoner who says he was tortured while being held for nearly four years as a suspected terrorist can sue former Bush administration lawyer John Yoo for coming up with the legal theories that justified his alleged treatment, a federal judge in San Francisco ruled Friday.

U.S. District Judge Jeffrey White's decision marks the first time a government lawyer has been held potentially responsible for the abuse of detainees.

"Like any other government official, government lawyers are responsible for the foreseeable consequences of their conduct," White said in refusing to dismiss Jose Padilla's lawsuit against Yoo.

If Padilla, now serving a 17-year prison sentence on terrorism charges, can prove his allegations, he can show that Yoo "set in motion a series of events that resulted in the deprivation of Padilla's constitutional rights," White said.

White, an appointee of former President George W. Bush, noted that Padilla's lawsuit accuses Yoo of helping to design administration policy on detention and torture, and then crafting legal opinions to justify it - stepping outside the usual role of a lawyer. ..

John Eastman, law school dean at Chapman University in Orange County, where Yoo taught for the past year, said the ruling is unique - the first to hold any administration official potentially liable for alleged mistreatment of terrorist suspects.

Eastman predicted that the Justice Department will file an immediate appeal, going to the Supreme Court if necessary. Padilla, a U.S. citizen, was arrested in Chicago in 2002 and accused by the Bush administration of plotting with al Qaeda to detonate a radioactive "dirty bomb."

Declared an enemy combatant, Padilla was held in a Navy brig for three years and eight months and was denied all contact with the outside world for the first half of that period, his suit said. He was then taken out of the brig and charged with taking part in an unrelated conspiracy to provide money and supplies to Islamic extremist groups. He was convicted and has appealed.

His suit against Yoo covers his time in the brig. He says he was detained illegally, held for lengthy periods in darkness and blinding light, subjected to temperature extremes and sleep deprivation, confined in painful stress positions, and threatened with death to himself, harm to his family and transfer to a nation where he would be tortured.

The suit said Yoo - who has acknowledged being a member of an administration planning group known as the "war council" - personally reviewed and approved Padilla's detention in the brig and provided the legal cover for his treatment...

But White said Friday that Padilla had a right to sue "the alleged architect of the government policy" on enemy combatants. He said an examination of Yoo's publicly disclosed writings would not damage national security, and an inquiry into "allegations of unconstitutional treatment of an American citizen on American soil" would not affect foreign relations.

Much Much Better Then The NY Times Reports !!!

My only complaint is that Yoo should get his own lawyer instead of using DOJ lawyers.

He is no longer a part of the US Government and does NOT deserve our legal protection from his crimes.

AND I resent spending taxpayers' dollars to defend him.

the DOJ? Is it part of his benefit/retirement package?

To hear the right wing wailing and gnashing of teeth on this one.

If anyone did what they did to Padilla to a dog, people would go to jail. Yes, Padilla was far from a good citizen but the man I saw finally go into trial was broken. He was insane. I think it's cruel to send someone who has become apparently vulnerable into a prison setting.

Yoo is a criminal immigrant. According to the Immigration Act of 1996, he should be deported.

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