Torture Suit Naming Rumsfeld Clears Hurdle
A federal judge refused Friday to dismiss a civil lawsuit accusing former Defense Secretary Donald Rumsfeld of responsibility for the alleged torture by U.S. forces of two Americans who worked for an Iraqi contracting firm.
U.S. District Judge Wayne R. Andersen's ruling did not say the two contractors had proven any of their claims. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.
Andersen said his decision "represents a recognition that federal officials may not strip citizens of well settled constitutional protections against mistreatment simply because they are located in a tumultuous foreign setting."
Andersen did throw out two of the lawsuit's three counts but gave former contractors Donald Vance and Nathan Ertel the green light to go forward with a third count alleging they were unconstitutionally tortured under procedures personally approved by Rumsfeld.
In Washington, Justice Department spokesman Charles Miller said by telephone only that the department, which is representing Rumsfeld in the suit, "is reviewing the court's decision."
Vance and Ertel were described by their attorney, Mike Kanovitz of Chicago, as being in their early thirties. He said the two Americans went to Iraq in the fall of 2005 to work for the Iraqi-owned contracting firm of Shield Group Security.
The suit filed in 2006 alleges that while working for the company they saw fellow employees making payments to "certain Iraqi sheikhs" and dealing in armaments in a way they believed would not be approved by the U.S. military.
According to the suit, Vance contacted an FBI official in Chicago with his suspicions and the two men eventually shared their concerns with three U.S. Embassy officials in Baghdad.
The suit said their actions provoked suspicion at the company and on April 14, 2006, fellow employees confiscated the identity cards that allowed them to enter the safe area known as the Green Zone.
The two men said they locked themselves in a room, called the Embassy for help and were extricated by "United States forces" who took them to the Embassy where they were taken into custody.
They were taken to two military camps in the Baghdad vicinity in the weeks that followed, the suit said. It said Ertel was released after a month and Vance after two months.
While in custody, they were subjected to sleep deprivation, long hours of interrogation, blasting music, threats, hunger and a practice known as "walling" in which subjects are blindfolded and walked into walls, according to the suit.
The suit describes such practices as forms of torture and alleges Rumsfeld personally took part in determining such methods were acceptable for use by the military in Iraq.
The two men are seeking unspecified damages. The next hearing is set for March 25.
AP U.S. District Judge Wayne R. Andersen's ruling did not say the two contractors had proven any of their claims. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.
Andersen said his decision "represents a recognition that federal officials may not strip citizens of well settled constitutional protections against mistreatment simply because they are located in a tumultuous foreign setting."
Andersen did throw out two of the lawsuit's three counts but gave former contractors Donald Vance and Nathan Ertel the green light to go forward with a third count alleging they were unconstitutionally tortured under procedures personally approved by Rumsfeld.
In Washington, Justice Department spokesman Charles Miller said by telephone only that the department, which is representing Rumsfeld in the suit, "is reviewing the court's decision."
Vance and Ertel were described by their attorney, Mike Kanovitz of Chicago, as being in their early thirties. He said the two Americans went to Iraq in the fall of 2005 to work for the Iraqi-owned contracting firm of Shield Group Security.
The suit filed in 2006 alleges that while working for the company they saw fellow employees making payments to "certain Iraqi sheikhs" and dealing in armaments in a way they believed would not be approved by the U.S. military.
According to the suit, Vance contacted an FBI official in Chicago with his suspicions and the two men eventually shared their concerns with three U.S. Embassy officials in Baghdad.
The suit said their actions provoked suspicion at the company and on April 14, 2006, fellow employees confiscated the identity cards that allowed them to enter the safe area known as the Green Zone.
The two men said they locked themselves in a room, called the Embassy for help and were extricated by "United States forces" who took them to the Embassy where they were taken into custody.
They were taken to two military camps in the Baghdad vicinity in the weeks that followed, the suit said. It said Ertel was released after a month and Vance after two months.
While in custody, they were subjected to sleep deprivation, long hours of interrogation, blasting music, threats, hunger and a practice known as "walling" in which subjects are blindfolded and walked into walls, according to the suit.
The suit describes such practices as forms of torture and alleges Rumsfeld personally took part in determining such methods were acceptable for use by the military in Iraq.
The two men are seeking unspecified damages. The next hearing is set for March 25.
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You forget that one of the principles established at the Nuremberg war crimes trials, and incorporated into various treaties since, is that "obeying orders from superiors" is not a legitimate defense for war crimes.
Those who committed, as well as authorized, and ordered the crimes are equally guilty, this should be a lesson for future soldiers who knowingly commit illegal acts, that they are not protected by the "following orders" defense.
The probem for you and your fellow Jihadist is that the American Military did not commit the alleged acts. The accusation is against civilians.
Now you can take your urin and fecis pan over to the window and throw it into the street.
"So Senator McCain can sue his captors in Vietnam?"
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These two were American citizens, and called the Embassy for help and were extricated by "United States forces" who took them to the Embassy where they were taken into custody. They were taken to two military camps in the Baghdad vicinity in the weeks that followed and were tortured under methods that were acceptable for use by the military in Iraq, and approved by dummy rummy.
Are you suggesting that mcpain was held by American forces and tortured by the U.S. military like these two?
Those who committed, as well as authorized, and ordered the crimes are equally guilty, this should be a lesson for future soldiers who knowingly commit illegal acts, that they are not protected by the "following orders" defense.
But, the Justice Department is defending him?! This is outright ABUSE, FRAUD, and WASTE of public monies! THEY should be PROSECUTING him, NOT
trying to help him!
When the DOJ is assisting or enabling evil or evildoers, it can have little or NO validity or respect in the eyes of the mass public!
Wouldn't Blackwater have them?