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Bush administration lawyer appeals decision not to dismiss torture lawsuit

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Former US Department of Justice Office of Legal Counsel lawyer John Yoo Monday declared his intent to appeal a lower court ruling allowing a lawsuit against him alleging complicity in torture to proceed. Yoo is appealing a June decision by District Judge Jeffrey White not to dismiss a lawsuit brought by convicted terrorist Jose Padilla that claims Yoo's legal opinions endorsing enhanced interrogation techniques led to Padilla being tortured. Padilla, a US citizen currently serving a 17-year sentence on terrorism-related charges, says that he was tortured while held as an "enemy combatant" in military custody in a Navy military brig in Charleston, South Carolina. The US Department of Justice (DOJ) said that it would pay for private counsel to handle Yoo's appeal, because the government's defense had been based solely on qualified immunity and Yoo deserves counsel who will make all available arguments. A DOJ spokesperson said that paying for outside counsel is standard practice in cases where there is a potential legal disagreement between the DOJ and a defendant sued in an official capacity. Yoo, a professor at the Berkeley School of Law has faced sharp criticism for his role in drafting interrogation memos. Last week, it was reported that US Attorney General Eric Holder is still considering appointing a special prosecutor to investigate allegations of torture during the Bush administration. In May, a number of organizations called for the drafters of the memos to be disbarred. Also in May, former JFK speechwriter Ted Sorensen told an audience at the University of Nebraska College of Law that the DOJ lawyers who had authorized the use of enhanced interrogation techniques had "disgraced not only their country but their profession." In April, Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee renewed his call for the formation of a non-partisan "truth commission" to investigate torture allegations. Also in April, UN special rapporteur on torture Manfred Nowak insisted that under international law the US must prosecute DOJ lawyers who drafted the memos. US President Barack Obama has said that he would not rule out the possibility of prosecuting lawyers who authored the memos.

Full post as published by JURIST - The Paper Chase on July 14, 2009 (boomark / email).