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Obama Administration Defends John Yoo in Suit Filed by Jose Padilla

HeadlineMar 09, 2009

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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