Alleged American contractor torture victims can’t sue Rumsfeld: Court -Wider implications

Press TV

Sat Nov 10, 2012

A federal appeals court has ruled that two American contractors who were imprisoned and tortured by the U.S. military in Iraq cannot proceed with a lawsuit against former Defense Secretary Donald Rumsfeld.

The Associated Press reports that the 7th U.S. Circuit Court of Appeals in Chicago ruled 8-3 that Donald Vance and Nathan Ertel cannot proceed with their lawsuit against Rumsfeld. Vance and Ertel, both Americans, were private contractors for Shield Security Group, an Iraqi firm that was illegally selling weapons that ended up in the hands of militant groups and death squads.

Vance and Ertel then turned whistleblower, becoming FBI informants as the case against Shield Group was built. But things went terribly wrong and the two men found themselves detained and imprisoned in Camp Cropper, a U.S. military prison near Baghdad airport. They were held there and interrogated by officials from multiple U.S. agencies for weeks.

The two Americans allege that they were tortured while in U.S. custody. They say they were subjected to extreme temperatures, solitary confinement, slammed into walls, deprived of sleep and bombarded with ear-splitting heavy metal music. digitaljournal.com

HIGHLIGHTS

The court ruled that U.S. military commanders “enjoy broad immunity” in cases of torture abroad and that the military chain of command “couldn’t be responsible” just because detainee abuse crossed a legal boundary. The ruling added that torturing detainees is “a part of human nature that is very difficult to control.” They added that being liable for the torture would “distract” the military’s leadership. Antiwar

U.S. Court of Appeals Judge James Gwim had previously rejected Obama administration arguments to this effect, saying that torture lawsuits could continue against officials and that U.S. citizens were always entitled to due process related to their detention. The administration condemned Gwim for “second-guessing” the military. Antiwar

The decision ultimately conveys near-blanket immunity on all levels of military command up to the defense secretary, plaintiffs’ attorney Michael Kanovitz said in a telephone interview Thursday criticizing the finding. CBS News

“What comes out is an opinion that’s far broader than what was argued before the court,” Kanovitz said. “It’s a sweeping action.” CBS News

Kanovitz said he believed the issue was likely at some point to be taken up by the U.S. Supreme Court, but added that his clients hadn’t yet decided whether take their case to the next level. CBS News

Rumsfeld’s attorney, David B. Rivkin, said the decision not only offered protection to Rumsfeld, a member of the President George W. Bush’s Cabinet, but to President Barack Obama’s and future Cabinets. CBS News

“This was not about Rumsfeld at all,” Rivkin said. “It was about future decision makers who need to be able to deal with national security issues … without having to worry they will be sued for decisions they made after they leave office.” CBS News

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