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Padilla Sues Former U.S. Lawyer Over Detention

ADAM LIPTAK
NY TImes
Saturday January 5, 2007

Jose Padilla, the American citizen who was held in military detention for more than three years as an enemy combatant, filed a lawsuit Friday against a former Justice Department lawyer who helped provide the legal justifications for what the suit says was Mr. Padilla’s unconstitutional confinement and “gross physical and psychological abuse.”

The lawyer, John C. Yoo, now a law professor at the University of California, Berkeley, wrote or helped prepare a series of legal memorandums on interrogations and the treatment of detainees after the Sept. 11 attacks.

A lawyer for Mr. Yoo, Eric M. George, called Mr. Padilla’s suit “a political diatribe” that “belongs, at best, in a journal, not before a federal court.”

Mr. Padilla, 37, was transferred from military custody to the criminal justice system in 2006, and in August he was convicted of terrorism-related charges in Miami. He awaits sentencing.

(Article continues below)

The new lawsuit, filed in federal court in San Francisco, seeks only one dollar in damages. “That’s what Padilla directed us to ask for,” said Jonathan M. Freiman, one of Mr. Padilla’s lawyers. “At bottom, this isn’t about money. It’s about right and wrong.”

Last February, Mr. Padilla filed a separate suit in federal court in South Carolina against scores of current and former officials, including Donald H. Rumsfeld, the former defense secretary, and John Ashcroft, the former attorney general. That suit concerned the conditions of his confinement at the Navy brig in Charleston, S.C.

Full article here.

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