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lawyers twisting the law

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  • Randy Conn
    Appeals court rules against ex-detainees Judges Reject Torture Lawsuit by British Detainees Once Held at Guantanamo Bay http://wiredispatch.com/news/?id=1916
    Message 1 of 1 , Jan 13, 2008
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      Appeals court rules against ex-detainees

      Judges Reject Torture Lawsuit by British Detainees Once Held at
      Guantanamo Bay

      http://wiredispatch.com/news/?id=1916

      Here are some quotes that caught my eye:

      "Criminal conduct is not per se outside the scope of employment," a
      requirement for bringing a claim under the Alien Tort Statute, said
      the decision by appeals judge Karen LeCraft Henderson, an appointee of
      President Bush's father.
      -----
      The four men challenge the methods Rumsfeld and the military officers
      used, but the former detainees don't allege that the defendants "acted
      as rogue officials or employees who implemented a policy of torture
      for reasons unrelated to the gathering of intelligence," the court said.

      "Therefore, the alleged tortious conduct was incidental to the
      defendants' legitimate employment duties," the ruling added.

      -----
      "Because the plaintiffs are aliens and were located outside sovereign
      United States territory at the time their alleged RFRA claim arose,
      they do not fall with the definition of 'person,'" the court ruled.
      The law provides that the "government shall not substantially burden a
      person's exercise of religion."
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