White House wants suit against Yoo dismissed.
Obama administration saying federal law does not allow damage claims against lawyers who advise the president on national security issues. While I do not know if that is actually the case, or should be, in the absence of criminal charges not being brought for the last 5 plus years, is there any hope left that Yoo will face justice for his actions?
Yoo was represented by the DOJ, and now being defended at taxpayer expense by attorney, Miguel Estrada, who says the case interfered with presidential war making authority and threatened to “open the floodgates to politically motivated lawsuits” against government officials.
While the Office of Professional Responsibility has been investigating Yoo’s advice to former President George W. Bush since 2004, which according to the WH has the power to recommend professional discipline or even criminal prosecution, and of course it is now the end of 2009 without action!
The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.
In the current lawsuit, Jose Padilla, now serving a 17-year sentence for conspiring to aid Islamic extremist groups, accuses Yoo of devising legal theories that justified what he claims was his illegal detention and abusive interrogation. The Justice Department represented Yoo until June, when a federal judge in San Francisco ruled that the suit could proceed. The department then bowed out, citing unspecified conflicts, and was replaced by a government-paid private lawyer. Yoo’s new attorney, Miguel Estrada, argued for dismissal in a filing last month, saying the case interfered with presidential war-making authority and threatened to “open the floodgates to politically motivated lawsuits” against government officials. The Justice Department’s filing Thursday endorsed the request for dismissal but offered narrower arguments, noting its continuing investigation of Yoo.
Read more: http://www.sfgate.com/cgi-bin/…