The Legal Other

Yeah, change, whatever…

In its first filing on detention and torture under the Obama administration, the Department of Justice filed briefs in March urging the Court of Appeals to reject any constitutional or statutory rights for detainees. The Obama Justice Department further argued that even if such rights were recognized, the Court should rule that the previous administration’s officials who ordered and approved torture and abuse of the plaintiffs should be immune from liability for their actions.

“This is a question about accountability for torture and abuse. It’s a disgrace to have a U.S. court stating that Guantánamo detainees are not persons. It would be a shame to have our new President supporting such a position in the Supreme Court. It was bad enough for the Obama Administration to take this position at this stage. We hope that they reconsider,” stated Michael Ratner, President of the Center for Constitutional Rights (CCR). “Boumediene acknowledged that the fundamental rights we take for granted apply to persons in U.S. custody at Guantanamo. This decision runs directly counter to that principle.” 

4 Responses to “The Legal Other”

  1. Jotman Says:

    Treaty obligations oblige the US to make it possible for victims of torture to seek damages. The Obama Admin position isn’t just immoral, it’s illegal.

    • RickB Says:

      Yes absolutely, the media report it as if the administration are doing this or that, not as Whitehouse remains in breach of the law and refuses to apply it. Birds of a power stick together.

  2. Bina Says:

    They just don’t want to admit that there’s been a war crime. Do they seriously expect this to just fade away by itself, with no legal repercussions? If this is how the Obama administration thinks to rehabilitate the image of the US, they can forget it. They’ve only gone their fascist predecessor one better.

    • RickB Says:

      Hey Bina, nice to see you here!
      I think that yes they might be hoping that they can stall long enough to make it a non issue to enough of the voters, as for the image of the US, well I think Bush didn’t so much dirty it as by his tactlessness reveal to a wider audience what was really behind the curtain all along- an empire like any other. Obama is very charming but in the end he’s just the latest Emperor and clearly hyped how different he was when he is at heart a conservative. I’d also say on torture/rights of detainees the top Dems did know so the avoidance is also self preservation (as well as cowardice and in some cases they agree with it).


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