Quote:
Originally Posted by vec101
A Federal judge has ruled that a convicted terrorist can sue a former Bush administration lawyer for drafting the legal theories that led to his alleged torture.
Here is how he says he was tortured:
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Proving it is another matter.
However, I found the following most interesting:
Quote:
White wrote in his 42-page decision. "This lawsuit poses the question addressed by our founding fathers about how to strike the proper balance of fighting a war against terror, at home and abroad, and fighting a war using tactics of terror."
The ruling rejected the government's arguments that the courts are barred from examining top-level administration decisions in wartime, or that airing "allegations of unconstitutional treatment of an American citizen on American soil" would damage national security or foreign relations.
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What the lawyers were suggesting here is that during wartime, the courts would be prevented from examining top-level decisions from an administration. So, if it is a war on terror, a war on drugs, a war on poverty, a war on nitrogen molecules, a war against dandruff, then they would be exempt from any judicial oversight.
So if the government was in a never ending perpetual war against anything they see fit, they would be exempt. So much for Democracy ehy...
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