The Torture Club

Interesting article in Slate on a recent decision in Padilla vs. Yoo that may finally give us, as the citizens whose names have been blackened by the previous administration, some relief.

In 2002, Justice Department lawyer John Yoo wrote a memo recommending that Jose Padilla, arrested in Chicago in the wake of 9/11 and held on suspicion of plotting a dirty-bomb attack, be classified as an enemy combatant. Yoo also wrote memos arguing that American law does not prevent the president from ordering such enemy combatants tortured. This January, after enduring years of abuse in prison, Padilla sued Yoo for violating his constitutional rights.

And a week ago, Judge Jeffrey White ruled that Padilla's allegations were plausible enough to justify denying Yoo's motion to dismiss the lawsuit. White was appointed by George W. Bush the year Yoo was writing his memos.

Frankly, as far as I'm concerned, the calls to "move forward" and "not dwell on the past" on the issue of torture, Guantanamo, rendition, and the like are just a way to keep the Bush administration jackasses off the hook. And it doesn't do Obama's credit any good in this quarter for him to be acceding to this bullshit. (I did wonder how much he was going to love unlimited presidential power once he was in the Oval Office. I guess we're starting to get the idea.)

(As an aside, I also have to wonder what kind of wars are going on over at DoJ, staffed at this point with a strong contingent of Bush loyalists who got moved into civil service jobs from their political appointments once Bush finally figured out that he would not be serving a third term.)

This is sort of disgusting, but no more than I'd expect of the Supreme Court as presently constituted:

In order to hold high-ranking government officials liable, plaintiffs need strong evidence that the officials personally authorized the conduct. Just last month, the Supreme Court made it a lot harder to get that evidence: It dismissed the lawsuit brought by Javaid Iqbal, who was rounded up in New York after 9/11 along with thousands of other Muslims, against John Ashcroft. The court held that Iqbal hadn't provided enough preliminary evidence to justify "subjecting high ranking Government officials ... to the burdens of discovery." That's right—he didn't have enough evidence to go get the evidence he needs to prove his claims.

Maybe Judge White's decision will help to circumvent that kind of crap -- this Court is no friend to American citizens at all.