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View Diary: Jeff Flake just can't stop saying dumb things about his vote against gun safety (32 comments)

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  •  OT: Obama continues Bush Torture Policy (0+ / 0-)

    Open for Torture:

    That is, the 7th Circuit opinion holds that Rummy specifically, and anyone who comes after him, is immune from suit for violating someone’s constitutional rights, up to and including illegal detention and torture. As Steve Vladeck and James Pfander said in an amicus brief on this case to SCOTUS,

    The Seventh Circuit’s decision in this case contravenes nearly 300 years of established tradition, this Court’s well-settled precedents, and the United States’ international obligations under the CAT. Operating under the assumption that it was being asked to “create” a new cause of action, the en banc majority took the unprecedented step of conferring, in effect, absolute immunity from liability on U.S. officials who torture citizens abroad.

    The opinion is bad enough. Now add in Bradbury’s still extant memo, which permits DOD to stick whatever torture techniques they want in Appendix M and have his sanction for it. The two together allow the government to continue to engage in torture with, as Vladeck puts it, absolute immunity, so long as it happens overseas.

    Yes, OT, but the implications are grave.

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