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Jose Padilla lawsuit against Pentagon thrown out in US
Key Excerpts from Article on Website of BBC


BBC, February 17, 2011
Posted: February 21st, 2011
http://www.bbc.co.uk/news/world-us-canada-12501627

A US judge has quashed a lawsuit by an American who said he was illegally detained and repeatedly tortured for three years in a US navy jail. Jose Padilla was seeking to sue current US Defence Secretary Robert Gates and his predecessor, Donald Rumsfeld, for violating the constitution. Judge Richard Gergel ruled that US laws did not offer clear guidelines on the detention of enemy combatants. Any trial, he wrote, would be "an international spectacle with Padilla, a convicted terrorist, summoning America's present and former leaders to a federal courthouse to answer his charges". Ben Wizner, the litigation director at the American Civil Liberties Union, called Thursday's ruling "troubling". "The court today held that Donald Rumsfeld is above the law and Jose Padilla is beneath it," he said in a statement. "But if the law does not protect Jose Padilla, it protects none of us, and the executive branch can simply label citizens enemies of the state and strip them of all rights, including the absolute right not to be tortured."

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