Terrorist Can Sue Over Alleged Torture – Judge Rules

A convicted terrorist can sue a former Bush administration lawyer for drafting the legal theories that led to his alleged torture, ruled a federal judge has ruled who said he was trying to balance a clash between war and the defense of personal freedoms.

The order by U.S. District Judge Jeffrey White of San Francisco is the first time a government lawyer has been held potentially liable for the abuse of detainees.

White refused to dismiss Jose Padilla’s lawsuit against former senior Justice Department official John Yoo on Friday. Yoo wrote memos on interrogation, detention and presidential powers for the department’s Office of Legal Counsel from 2001 to 2003.

Padilla, 38, is serving a 17-year sentence on terror charges. He claims he was tortured while being held nearly four years as a suspected terrorist.

White ruled Padilla may be able to prove that Yoo’s memos “set in motion a series of events that resulted in the deprivation of Padilla’s constitutional rights.”

“Like any other government official, government lawyers are responsible for the foreseeable consequences of their conduct,” wrote White, a Bush appointee.

Yoo did not return telephone and e-mail messages Saturday.

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Techniques Worked – May Have Prevented Los Angeles Terror Attack

President Obama’s national intelligence director told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists.

“High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa’ida organization that was attacking this country,” Adm. Dennis C. Blair, the intelligence director, wrote in a memo to his staff last Thursday.

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You ask how?

CIA Waterboarding Produced Intel That Stopped Attack on Los Angeles from Townhall.com

“Soon, you will know.”

That is the ominous statement an uncooperative Khalid Sheikh Mohammed (KSM), mastermind of the Sept. 11, 2001, terrorist attacks, told his Central Intelligence Agency interrogators when they initially asked him, after he had been captured, about additional planned al-Qaida attacks on the United States.

In March 2003, KSM became the third and final terrorist ever waterboarded by the CIA. The other two were Abu Zubaydah and Rahim Al-Nashiri.

On Tuesday, the CIA confirmed to Terry Jeffrey at Townhall that it stands by assertions credited to the agency in z 2005 memo that subjecting KSM to “enhanced techniques” of interrogation including waterboarding  caused him to reveal information that allowed the U.S. government to stop a planned 9/11-style attack on Los Angeles.

The previously classified memo was released by President Obama last week.

Before they were waterboarded, both KSM and Abu Zubaydah did not believe Americans had the will to stop al-Qaida, the 2005 Justice Department memo says, citing information from the CIA.

“Both KSM and Zubaydah had ‘expressed their belief that the general U.S. population was ‘weak,’ lacked resilience and would be unable to ‘do what was necessary’ to prevent the terrorists from succeeding in their goals,’” said the memo. “Indeed, before the CIA used enhanced techniques in its interrogation of KSM, KSM resisted giving any answers to questions about future attacks, simply noting, ‘Soon, you will know.’”

After he was waterboarded, KSM provided the CIA with information that allowed the U.S. government to close down a terror cell already “tasked” with flying a jet into a building in Los Angeles.

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Khalid Sheik Mohammed Waterboarded 183 Times

CIA interrogators used the controverisal waterboarding technique 183 times on Khalid Sheik Mohammed, the mastermind behind the September 11 attacks and 83 times on another al Qaeda suspect, according to the New York Times.

A 2005 Justice Department memorandum revealed that the simulated drowning technique was used on Mohammed 183 times in March 2003.

Abu Zubaydah, the first prisoner questioned in the CIA’s overseas detention program in August 2002, was waterboarded 83 times, although a former CIA officer had told news organisations he had been subjected to only 35 seconds underwater before agreeing to tell everything he knew.

President Barack Obama has banned the use of waterboarding, over-turning a Bush administration policy that it did not constitute torture.

via September 11 mastermind Khalid Sheik Mohammed ‘waterboarded 183 times’ – Times Online.