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tdubz



Registered: 02/26/12
Posts: 5,586
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Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful 2
#23759268 - 10/21/16 09:23 PM (7 years, 3 months ago) |
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https://theintercept.com/2016/10/21/major-new-court-ruling-says-even-the-president-cant-declare-torture-lawful/
IN A ROBUST RULING in favor of Abu Ghraib detainees, an appellate court ruled Friday that torture is such a clear violation of the law that it is “beyond the power of even the president to declare such conduct lawful.”
The ruling from a unanimous panel of judges on the Fourth Circuit Court of Appeals reinstates a lawsuit against a military contractor for its role in the torture of four men at the notorious prison in Iraq.
Last June, a district court ruled that a “cloud of ambiguity” surrounds the definition of torture, and that despite anti-torture laws, the decision to torture was a “political question” that could not be judged by courts.
That ruling echoed the widely discredited legal theories of the Bush administration, which argued that the war on terror gave the president the inherent authority to indefinitely detain and torture terror suspects, and conduct mass surveillance on Americans’ international communications.
But the Fourth Circuit soundly rejected that theory, saying that the United States has clear laws against torturing detainees that apply to the executive branch.
“While executive officers can declare the military reasonableness of conduct amounting to torture, it is beyond the power of even the president to declare such conduct lawful,” wrote appellate Judge Barbara Keenan, writing for the unanimous panel.
The case in question revolves around contractors from CACI Premier Technologies who participated in the interrogations of the four men in 2004, subjecting them to extreme temperatures, electric shocks, broken bones, death threats, and sexual abuse.
The Center for Constitutional Rights originally filed suit against CACI on behalf of the detainees in 2008. The company has been seeking to dismiss the lawsuit ever since, and this is the fourth time it reached the appeals court.
The plaintiffs and advocates at the Center for Constitutional Rights celebrated the decision.
“Torture is illegal and can never be a ‘policy choice,'” said Katherine Gallagher, a senior staff attorney with the Center for Constitutional Rights. “As the court made clear, neither the military nor the president — let alone a government lawyer — has the power to declare torture legal.”
Salah Hassan, one of the plaintiffs, said in a statement: “Today, part of justice was achieved and this is something wonderful, not only for me and the other plaintiffs, but for all the just causes in the world.”
The lawsuit will now go back to the district court for consideration of the detainees’ claims.
The CCR previously won a settlement in 2013 on behalf of 71 Ahu Ghraib detainees against L-3 Services, another military contractor at Abu Ghraib.
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Ezuma
Gontish Wizard



Registered: 12/02/13
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: tdubz] 1
#23759687 - 10/22/16 12:25 AM (7 years, 3 months ago) |
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good
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Brian Jones
Club 27



Registered: 12/18/12
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: tdubz]
#23763405 - 10/23/16 07:30 AM (7 years, 3 months ago) |
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It should be a group decision between the Pres, The VP and top memebers of Congress. We know what happened the last time, when Bush who never in a war, Cheney was never in a biilion miles of a war, but he was going to make a trillion dollars. The repurcussions are going to go deep, so you have to let a broad group of people in the decision but that would have slowed things down, and they couldn't have just waterboared people left and tight and I think a lot more, and if those were the real tererrorists, then OK, But I know we let a large people out of GItmu, cause there was no evidemce. we need better intellince.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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sweeper54



Registered: 11/07/12
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: Brian Jones] 2
#23764864 - 10/23/16 05:41 PM (7 years, 3 months ago) |
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Torture DOES NOT work despite what Blackheart ChEney says.
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Crumist
Stranger


Registered: 11/02/13
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: tdubz] 1
#23764889 - 10/23/16 05:54 PM (7 years, 3 months ago) |
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People in favor of torture should be waterboarded until they mend their ways.
-------------------- 'I am all for resources being allocated to the widowed single mother of 3, lost husband over seas fighting for our country. I am for vets getting mental health access and resources following war. I am not for free money cause a woman can't close her legs or some chump with low testosterone no going to work cause "i'm sad."' -finalexplosion Nice knowin ya'll! https://www.shroomery.org/forums/showflat.php/Number/23904704/vc/1#23904704
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sweeper54



Registered: 11/07/12
Posts: 2,865
Last seen: 9 days, 1 hour
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: Crumist] 1
#23765230 - 10/23/16 08:06 PM (7 years, 3 months ago) |
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Can i start with ChEney?
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Ezuma
Gontish Wizard



Registered: 12/02/13
Posts: 8,423
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: sweeper54]
#23765332 - 10/23/16 08:50 PM (7 years, 3 months ago) |
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Quote:
sweeper54 said: Can i start with ChEney?
please, can I watch?
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tump
ban the undead



Registered: 03/17/16
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: Ezuma]
#23765841 - 10/24/16 01:47 AM (7 years, 3 months ago) |
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Torture is underrated tool. Like cheap crappy hookers. Informant thats aren't destroyed mentally leave things out.
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Brian Jones
Club 27



Registered: 12/18/12
Posts: 12,342
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: tump]
#23765906 - 10/24/16 03:40 AM (7 years, 3 months ago) |
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The problem with torture (besides morally) is that you can get anybody to say anything. You have no idea if it's true or not. I question whether this is even an issue in the U.S. Just torture them so the administration can act like they're fighting terrorism. Remember when W used to put that serious face on for TV.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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sweeper54



Registered: 11/07/12
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Last seen: 9 days, 1 hour
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: Brian Jones]
#23765956 - 10/24/16 05:08 AM (7 years, 3 months ago) |
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Read "The Black Banners" by Soufan
A former FBI agent who was there, interrogated suspects and got information from them without torture.
We don't need torture.
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Brian Jones
Club 27



Registered: 12/18/12
Posts: 12,342
Loc: attending Snake Church
Last seen: 12 hours, 54 minutes
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Re: Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful [Re: sweeper54]
#23766153 - 10/24/16 08:13 AM (7 years, 3 months ago) |
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That was an intesting read, Maybe we are programmed to think they are not normal human like us. Maybe if we tried that first.....
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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