Judge: Ex-Bush lawyer John Yoo can be sued over torture

By GottaLaff

Last night I posted about John Yoo being ordered to testify about his handywork leading to torture. Here's an update:

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.

That's a big "if".

John Eastman, law school dean at Chapman University in Orange County, where Yoo taught for the past year, [...] predicted that the Justice Department will file an immediate appeal, going to the Supreme Court if necessary. [...]

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.

At a hearing in March, Justice Department lawyer Mary Mason told White that courts had no power to scrutinize high-level government decision-making, especially in wartime.

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.

Judge: Will Obama Defend Yoo?

By GottaLaff

I hope he's just not that into Yoo:

A federal judge is asking the Obama administration if it’s sure it wants to proceed with the Bush administration’s defense of John Yoo, a former Justice Department attorney who authored some of the government’s most controversial legal opinions in the war on terror.

A man Bush ordered detained without charge for more than five years as an alleged enemy combatant, Jose Padilla , is suing Yoo over the legal opinions he issued. The suit claims that Yoo deliberately issued legal advice that encouraged violations of Padilla’s rights and that Yoo participated directly in decisions to incarcerate and torture him.

The Justice Department filed briefs last year arguing that the case be thrown out. A hearing on the motion is set for Friday morning in San Francisco before Judge Jeffrey White. In an order Thursday, he asked lawyers for both sides to address a series of questions, including some about the Obama administration’s commitment to defending Yoo.

“The current administration has signaled a significant change in policy regarding the treatment of detainees,” White wrote. “Have counsel for Yoo fully vetted their position in this case with the Obama administration? Is there any change in legal position as a result of the change in administration?”

A Justice Department spokesman, Matt Miller [...] declined to say whether Obama’s political appointees have reviewed the case. [...]

A legal ethics expert told POLITICO earlier this year that Yoo would be well advised to retain his own lawyers in light of the criticism he has faced from Obama’s new appointees.

Stay tuned...