Bush Administration Officials Face Lawsuits Over Their Actions
The full 2nd U.S. Circuit Court of Appeals has yet to issue its opinion in the case of Maher Arar, the Canadian who claims he was tortured after being sent to Syria. Arar is suing Ashcroft, FBI Director Robert Mueller and others in their official and personal capacities.
When the New York-based court heard the argument in December, one judge voiced skepticism that the government and individual officials always could avoid liability in such cases.
"So the minute the executive raises the specter of foreign policy, national security, it is the government's position that that is a license to torture anyone, a U.S. citizen or foreign citizen; license meaning that you can do so without any financial consequence?" the judge asked.
The judge was Sonia Sotomayor, now a Supreme Court justice. She withdrew from the case after Obama nominated her this year to join the high court. [MORE]