The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues. Yoo, a UC Berkeley law professor, worked for the Justice Department from 2001 to 2003. He was the author of a 2002 memo that said rough treatment of captives amounts to torture only if it causes the same level of pain as organ failure, impairment of bodily function or even death." The memo also said the president may have the power to authorize torture of enemy combatants. In the current lawsuit, Jose Padilla, now serving a 17-year sentence for conspiring to aid Islamic extremist groups, accuses Yoo of devising legal theories that justified what he claims was his illegal detention and abusive interrogation. The Justice Department represented Yoo until June, when a federal judge in San Francisco ruled that the suit could proceed. The department then bowed out, citing unspecified conflicts, and was replaced by a government-paid private lawyer. Padilla, a U.S. citizen, was ... held for three years and eight months in a Navy brig, where, according to his suit, he was subjected to sleep deprivation, sensory deprivation and stress positions, kept for lengthy periods in darkness and blinding light, and threatened with death to himself and his family.
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