U.S. could be on hook in Padilla vs. Yoo

San Francisco Chronicle ^ | 6/18/9 | Debra J. Saunders

[SmithL]

There are no legal grounds for prosecuting Bush administration lawyers who supported the use of enhanced interrogation techniques to thwart planned terrorist attacks, so civil libertarians have the tort system to try to ruin Bush lawyers.

They may succeed.

Last week, U.S. District Judge Jeffrey White of San Francisco backed a complaint filed by convicted terrorist Jose Padilla and his mother against former White House Office of Legal Counsel John Yoo for writing memos that allegedly led to Padilla's illegal imprisonment and treatment during the three-plus years that Padilla was jailed as an enemy combatant.

You are part of the lawsuit, too.

A Department of Justice lawyer is representing Yoo. Should Padilla prevail, then the federal government could end up paying the damages - the suit asks for a mere $1 now, but that could change - and worse, legal fees. If Padilla loses, then it's not as if his lifestyle in federal prison - where he is serving a 17-year sentence - will change.

But there's another price. This sort of lawsuit could have a chilling effect on government lawyers. And not just with Republican administrations. The United States is at war in Iraq and Afghanistan. If Padilla can ruin Yoo, then what is to keep future detainees from going after Obama lawyers?

It won't take Obama lawyers long to realize that the safest thing for them to advise the administration would be to not change anything.

...

While Judge White wrote that, at this stage of litigation, the court must accept Padilla's allegations of mistreatment - being detained illegally, confined in painful stress positions and threatened with death - "as true." But none of the above has been proved in a court of law.

[SmithL]

White, Jeffrey Steven

Born 1945 in New York, NY

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by George W. Bush on July 25, 2002, to a seat vacated by Charles E. Legge; Confirmed by the Senate on November 14, 2002, and received commission on November 15, 2002.

Education:
Queens College of City University of New York, B.A., 1967

State University of New York, J.D., 1970

Professional Career:
Attorney, Criminal Division, U.S. Department of Justice, 1970-1971
Assistant U.S. attorney, District of Maryland, 1971-1977
Attorney, Criminal Division, U.S. Department of Justice, 1977-1978
Private practice, San Francisco, California, 1978-2002

Race or Ethnicity: White

Gender: Male

[SES1066]

Nominated by George W. Bush on July 25, 2002, to a seat vacated by Charles E. Legge; Confirmed by the Senate on November 14, 2002

Part and parcel of the 'old boy system' for Federal Judges. By tradition, the President picks from a slate of 'nominees' assembled by that state's Senators (Boxer & Feinstein) lacking a Senator from his own party. Obama, especially if they get the 60 vote majority, will have much more freedom in this area.

ELECTIONS MAKE A DIFFERENCE, NEVER EVER FAIL TO VOTE!

[Cyman]

Hey I am all for prosecuting attorneys for ....just about anything but seriously this decision will be overturned as soon as the papers hit the appeals court desk. Perhaps the judge can perform another of his 180 degree turnabouts on this case also. I think the procedure has been given the name the White Flip

[freeangel]

Why would anyone go after 0’s lawyers? They are dedicated to having every terrorist released.