American filmmaker sues Rumsfeld over detention in Iraq

Discussion in 'Politics, Religion, Social Issues' started by leekohler, Jul 9, 2006.

  1. leekohler macrumors G5

    leekohler

    Joined:
    Dec 22, 2004
    Location:
    Chicago, Illinois
    #1
    Wow- this is really bad. This is how we treat our own, even veterans?

    http://www.cnn.com/2006/LAW/07/08/rumsfeld.sued.ap/index.html
     
  2. skunk macrumors G4

    skunk

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    Republic of Ukistan
    #2
    I wonder if Rumsfeld will ask for 15,000 other offences to be taken into account...
     
  3. Queso macrumors G4

    Joined:
    Mar 4, 2006
    #3
    Deport Rumsfeld to The Hague. That evil man needs to stand trial for his crimes.
     
  4. Dont Hurt Me macrumors 603

    Dont Hurt Me

    Joined:
    Dec 21, 2002
    Location:
    Yahooville S.C.
    #4
    A former seal! this shows what Bush & his goosesteppers have been doing. Hope he wins his suite. Our Govt went nuts over stripping our rights away with the patriot act and then by mere accusation your considered guilty. Held for 2 months. Sounds like he has a case to me.

    It took 200 years to have many of the rights and protections we had etc it only took a gang of thugs from Suadi Arabia to remove 200 years of progress thanks to George and the republican & democratic goosesteppers in Congress. Congress has let George do whatever....anything.......Congress is as much to blame as is George and his team of Neocons.
     
  5. scem0 macrumors 604

    scem0

    Joined:
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    back in NYC!
    #5
    yes, DHM, they are. We should just flush the whole federal government down the toilet and draw a new hand. Reformat our corrupted hard drive :).

    I hope this guy gets lots and lots of media attention and I hope he wins his case.

    e
     
  6. iGary Guest

    iGary

    Joined:
    May 26, 2004
    Location:
    Randy's House
    #6
    It will be interesting to see how this goes - why is he suing Rumsfeld, though. He will have to be able to prove that Rumsfeld directly participated in the decision to hold him, and that if he did, he was acting outside of established protocol.

    Most people who sue the government lose.

    *shrug*
     
  7. scem0 macrumors 604

    scem0

    Joined:
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    back in NYC!
    #7
    One can sue someone else for inaction, no? If someone in a pool is drowning, and I'm a good swimmer shouldn't I be obligated to save them if no one else is capable? Rumsfeld should have been making major changes as a result of improper prison management and he didn't. I'm no lawyer, but I'd say there's a case there.

    e
     
  8. mischief macrumors 68030

    mischief

    Joined:
    Aug 1, 2001
    Location:
    Santa Cruz Ca
    #8
    This is based on the concept of Due Dilligence and usually only counts legally if you have the legal imperative (not simply the ability) to act.

    Duty to act:

    If I'm an EMT (which I am) and I witness a nasty car accident am I legally obligated to stop and render aid due to my skills?

    No. I am no more obligated than any other citizen unless I have been dispatched to the scene while acting as an Emergency Responder in official capacity. I have the common obligation of reporting the incident only.

    Would I render aid anyway? If possible, very likely but I would actually be more legally liable if I rendered aid than if I simply called 911.
     
  9. scem0 macrumors 604

    scem0

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    Location:
    back in NYC!
    #9
    But isn't the SoD legally bound to act in these kinds of situations - to keep the army acting responsibly - unlike the car accident scenario? If he isn't, does his position bind him to do anything at all?

    e
     
  10. mischief macrumors 68030

    mischief

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    Location:
    Santa Cruz Ca
    #10
    The SecDef is supposed to be the legal liason between the CiC and the DoD. He's a convenient scapegoat if the war goes bad, the Executive can claim he wasn't relaying appropriately and the DoD can do the same.

    Really the only persons with a Duty to Act are the sworn millitary officers in charge. They're bound as agents of a National Military Agency under international law to keep their respective forces within the bounds of law. The SecDef is an appointed civilian.

    As an appointed civilian he is not subject to the direct influence of international law on the subject of war. This is the same tactic of legal wrangling exploited by using contractors to perpetrate torture. International laws of warfare cover military and executive actions. Civilians in the grey areas are not explicitly mentioned to my knowledge.

    By keeping the torture and inhumane treatment at arms length via contractors and technically "non-millitary" agencies like CIA the blame can be neatly sidestepped and only a few noncoms get the shaft.

    Lt. Calley and Air America were an excellent example of this kind of duplicitous structuring.

    At Mi Lai Calley was given orders to "Eliminate the possibility of NVA support from the location and/or population of Mi Lai." A strict and literal tactical interpretation on Calley's part resulted in the near total razing and depopulation of the entire village before the intervention of AirCav halted the massacre at gunpoint. Calley became the scapegoat for a widespread policy of genocidal tactics in the region.

    Air America was the CIA's cover corporation in Laos, Cambodia and Vietnam. It was used to move guns, drugs, equipment and covert ops into and out of an utterly black warzone that would have been utterly illegal if run by DoD. AA went on to run similar ops throughout the middle east and the latin-americas making CIA a tidy off-the-book black ops budget in the process.
     
  11. scem0 macrumors 604

    scem0

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    #11
    Eek, I wish Cyrus Kar that much more luck then :(.

    e
     
  12. solvs macrumors 603

    solvs

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    Location:
    LaLaLand, CA
    #12
    Doesn't matter if he loses. They just need to bring this to light. If true, it's pretty damning. And based on what we've heard, for some reason, I have a feeling it's true.

    How anyone can defend these bastards who do stuff like this and call themselves patriots is beyond me.
     

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