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March 9, 2009

Obama Administration Defends John Yoo in Suit Filed by Jose Padilla
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Meanwhile, the Obama administration argued in court on Friday that
another man held as an enemy combatant, Jose Padilla, has no right to
sue former Justice Department attorney John Yoo for writing legal memos
that allegedly led to his detention and torture. The San Francisco
Chronicle reports Justice Department attorney Mary Mason argued that
courts should not interfere in executive decision-making, especially in
wartime. Yoo wrote a series of memos on interrogation, detention and
presidential powers as an attorney in the Justice Department’s Office of
Legal Counsel. In one memo, Yoo wrote that rough treatment of captives
amounted to torture only if it caused the same level of pain as “organ
failure, impairment of bodily function or even death.” It also said the
president may have the power to authorize torture of enemy combatants.
Attorneys for Padilla said Yoo knowingly breached constitutional
standards in his memos to provide legal cover for those policies.



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