Posted on 06/14/2009 10:06:01 AM PDT by Starman417
More from our screwed up judicial system that makes you go "huh"? Do these guy in lower federal district courts (or Circuits, for that matter) pay *any* attention whatsoever to the SCOTUS?
Apparently not. On Friday, US District Judge Jeffrey S. White denied the Obama DOJ's motion to dismiss the suit of Padilla v Yoo, where Padilla accused Yoo rendering legal memos that led to his "severe abuse" in a Naval brig for over three years. (Read the original complaint) The "severe abuse", as defined in his complaint:
.... For nearly two years, Mr. Padilla was held in complete isolation and denied all access to the court system, legal counsel and his family. He was subjected to mistreatment including, but not limited to extreme and prolonged sleep and sensory deprivation designed to inflict severe mental pain and suffering; exposure to extreme temperatures; interrogation under threat of torture, deportation or even death; denial of access to necessary medical and psychiatric care; and interference with his ability to practice his religion. In the year and a half Mr. Padilla remained in the Brig after he was granted limited access to legal counsel, much of this severe abuse continued.
Padilla's attorneys' argue that it was Yoo's legal memoranda that provided proximate legal basis for his "severe abuse".
The WSJ legal blog noted shortly after the Inaugural, the Obama admin DOJ found itself with odd bedfellows by continuing the Bush DOJ strategy advocating dismissal of the charges. This was especially ironic, as noted by Josh Gerstein at Politico, because Obama's pick to head the Office of Legal Counsel, Dawn Johnsen. Le femme Johnsen has been dubbed the "anti-Yoo" by liberal mag, Mother Jones, because of her strident criticism of Yoo's memoranda - calling one of Yoo’s memos “plainly flawed” and his defense of it “irresponsibly and dangerously false.”
If it's not almost laughable that those who spent their entire campaign debasing the Bush admin, then pick up where they left off not only in policy, but in legal defense strategy, it's pathetic to find that Judge White chooses to ignore a SCOTUS ruling merely weeks ago. In that ruling, Javaid Iqbal, a Pakistani Muslim detained for over a year in NYC following the 911 attacks, could *not* sue former AG John Ashcroft, FBI Director Robert Mueller, and a dozen or so others for their policies.
Where is the logic?
(Excerpt) Read more at Apparently not. On Friday, US District Judge Jeffrey S. White denied the Obama DOJ's motion to dismiss the suit of Padilla v Yoo, where Padilla accused Yoo rendering legal memos that led to his "severe abuse" in a Naval brig for over three years. (Read the original complaint) The "severe abuse", as defined in his complaint:
.... For nearly two years, Mr. Padilla was held in complete isolation and denied all access to the court system, legal counsel and his family. He was subjected to mistreatment including, but not limited to extreme and prolonged sleep and sensory deprivation designed to inflict severe mental pain and suffering; exposure to extreme temperatures; interrogation under threat of torture, deportation or even death; denial of access to necessary medical and psychiatric care; and interference with his ability to practice his religion. In the year and a half Mr. Padilla remained in the Brig after he was granted limited access to legal counsel, much of this severe abuse continued.
Padilla's attorneys' argue that it was Yoo's legal memoranda that provided proximate legal basis for his "severe abuse".
The WSJ legal blog noted shortly after the Inaugural, the Obama admin DOJ found itself with odd bedfellows by continuing the Bush DOJ strategy advocating dismissal of the charges. This was especially ironic, as noted by Josh Gerstein at Politico, because Obama's pick to head the Office of Legal Counsel, Dawn Johnsen. Le femme Johnsen has been dubbed the "anti-Yoo" by liberal mag, Mother Jones, because of her strident criticism of Yoo's memoranda - calling one of Yoo’s memos “plainly flawed” and his defense of it “irresponsibly and dangerously false.”
If it's not almost laughable that those who spent their entire campaign debasing the Bush admin, then pick up where they left off not only in policy, but in legal defense strategy, it's pathetic to find that Judge White chooses to ignore a SCOTUS ruling merely weeks ago. In that ruling, Javaid Iqbal, a Pakistani Muslim detained for over a year in NYC following the 911 attacks, could *not* sue former AG John Ashcroft, FBI Director Robert Mueller, and a dozen or so others for their policies.
Where is the logic?
(Excerpt) Read more at floppingaces.net ...
BHO better prey this does not pass must in SCOTUS. If it does, then he and his entire White House staff can be sued for violation of our Constitutional Rights.
Padilla, that name seems very familiar.
Jose Padilla. Scumbag terrorist captured, tried, and found guilty. Now serving 30 to life in Supermax. Also probably the uncharged third bomber at Oklahoma City.
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