SAN FRANCISCO — A senior Bush administration lawyer is urging a federal appeals court to dismiss a convicted terrorist’s lawsuit over legal memos authorizing harsh interrogation tactics.
John Yoo wrote the memos as a Department of Justice lawyer. His lawyer argued Monday before the 9th U.S. Circuit Court of Appeals that allowing such lawsuits to proceed will open other presidential counsel to dangerous judicial second-guessing during wartime.
Jose Padilla is serving a 17-year sentence for terrorism conspiracy. He claims the tactics used to interrogate him were torture. He seeks $1 in damages and a ruling that the tactics were unconstitutional.
A DOJ review in February concluded Yoo and a colleague showed "poor judgment” but didn’t commit misconduct in drafting the legal theories.
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CA Is Burning said:
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