Judge rejects US claim that terror threat exempts govt

[DoYouEverWonder]

Judge rejects US claim that terror threat exempts govt from following peacetime regulations

September 29, 2005

NEW YORK -- A federal judge has rejected former Attorney General John Ashcroft's attempt to block a lawsuit by claiming that the threat of terrorism exempts the government from following peacetime regulations.

The decision allows a lawsuit by two Muslim men who were detained after the Sept. 11 attacks to go forward against Ashcroft and other high-ranking federal officials. The two, who were later deported, are seeking to hold the officials responsible for their confinement and alleged abuse at a federal jail in Brooklyn where Arab and Muslim men were held after the terror attacks.

U.S. District Judge John Gleeson's ruling Wednesday also opens the door for depositions of Ashcroft, FBI Director Robert Mueller and other officials, who will be questioned under oath about their personal knowledge of detention policies if they are unable to successfully appeal the decision.

"I think we have a strong chance of prevailing in terms of discovery going forward," said Haeyoung Yoon, a lawyer for Egyptian immigrant Ehab Elmaghraby and Pakistani immigrant Javaid Iqbal, who filed the lawsuit last year.

http://www.nynewsday.com/news/local/manhattan/ny-bc-ny--attacks-detainees0929sep29,0,678529.story?coll=nyc-moreny-headlines

[Der Blaue Engel]

1. It just keeps gettin' better and better!

:popcorn:

[rodeodance]

2. only people as arrogant as asscroft would make this argument!

.......A federal judge has rejected former Attorney General John Ashcroft's attempt to block a lawsuit by claiming that the threat of terrorism exempts the government from following peacetime regulations.

[rodeodance]

3. yes, there is a goddess! and a god.

[dretceterini]

4. Please spell his name right

It's a$$crap

[Threedifferentones]

5. Wow this seems huge to me

Perjury is a very serious thing and can be proven more easily than most offenses of this magnitude, or at least it seems that way to me. Plus if Ashcroft knew what I believe he knew he will have to lie, because if he gets caught perjury will look like small potatoes compared to willingly torturing detainees.

[Rose Siding]

6. Yep, a kick for good news

[fooj]

7. The floodgates have opened...

Peace and Recommend!

[No Exit]

8. Top Officials Told To Testify In Muslim's Suit (Ashcroft must testify)

Top Officials Told to Testify in Muslims' Suit

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By NINA BERNSTEIN
Published: September 29, 2005
A federal judge in Brooklyn ruled yesterday that former Attorney General John Ashcroft, the director of the Federal Bureau of Investigation and other top government officials will have to answer questions under oath in a lawsuit that accuses them of personally conspiring to violate the rights of Muslim immigrants held in a federal detention center in Brooklyn after 9/11.

The officials had sought to have the lawsuit dismissed without testimony, arguing in part that they had governmental immunity from its claims, that the court lacked jurisdiction because they live outside New York State, and that the Sept. 11 attacks created "special factors" outweighing the plaintiffs' right to sue for damages for constitutional violations.

But the judge, John Gleeson, of the United States District Court for the Eastern District of New York, rejected those arguments, allowing the case to proceed - and opening the door to depositions of Mr. Ashcroft and the F.B.I. director, Robert S. Mueller III, by lawyers for the two plaintiffs: Ehab Elmaghraby, an Egyptian immigrant who ran a restaurant in Times Square, and Javaid Iqbal, a Pakistani immigrant whose Long Island customers knew him as "the cable guy."

http://www.nytimes.com/2005/09/29/nyregion/29detain.html

[No Exit]

9. And the hits just keep on coming! DeLay indicted, SEC makes Frist

investigation a formal investigation (including subpoena power), and Asscroft is now ordered to put his ass on the line UNDER OATH...

I sincerely hope that a few months from now we will all be able to look back at this week, especially the DeLay indictment, as the long-awaited turning point in our 5-year-old nightmare!

[babylonsister]

10. Add this: Larry Franklin to plead guilty, from another DU post

WaPo and others carrying it ...

Defense Analyst to Plead Guilty in Leak Case

By Jerry Markon
Washington Post Staff Writer
Thursday, September 29, 2005; 4:33 PM

A Defense Department analyst accused of passing government secrets to two employees of an influential pro-Israel lobbying group is scheduled to plead guilty next week, court officials announced today.

Lawrence A. Franklin, 58, will enter his plea in U.S. District Court in Alexandria Oct. 5, the court said. It is unclear what charge or charges he is planning to admit to, and any scheduled plea could collapse, even at the last minute.

http://www.washingtonpost.com/wp-dyn/content/article/20...

[No Exit]

11. Yessss! The AIPAC case is apparently moving, too, you're right!

[Coexist]

12. WOOT!

[jhain]

13. the government,,, had not decided what action to take

they are all lined up at their respective therapists' offices , tissues in hand.

***************


Yoon said Wednesday that Gleeson's ruling confirmed the validity of the charges in the lawsuit.

"We do allege in the complaint that people at the highest levels of government were involved," she said.

A Justice Department spokesman, Charles Miller, said the government was still reviewing the decision and had not decided what action to take.

A 2003 Justice Department report found "significant problems" with the treatment of post-Sept. 11 detainees at the Metropolitan Detention Center, including physical abuse and mistreatment.

[AllyCat]

14. Another activist judge

...advocating for common sense, decency, and fairness. Thank you!

[OKthatsIT]

15. YEA! (rapid tip toe dancing)