New regime has to deal with past abuses (Schnapper / Seattle PI)

[struggle4progress]

... The new administration inherits a number of lawsuits brought by former detainees, or by individuals whom U.S. officials seized and turned over to foreign governments; more are likely to be filed in the days ahead. Under the former administration the Department of Justice fought to keep those claims from coming to trial, arguing that the alleged abusers were immune from suits, that the laws or treaties violated could not be enforced by the courts, and that lawsuits should be dismissed to protect "state secrets."

From a purely legal perspective, these defenses may be colorable, and some might prevail. But this is not litigation tactic that the Obama administration should embrace. A federal judge would and should distinguish an argument that a lawsuit is barred by such technicalities from a contention that what Bush administration officials did was perfectly proper. But much of the public will not, and should not, be comfortable with that distinction. If the American legal system does not provide redress for official abuses, that is a defect to be corrected, not a loophole to be exploited ...

The moral principles of the nation are defined, not only by the standards we set for officials, but also by how the government responds when those standards are violated. Our willingness to provide redress to victims of government abuse is the method by which the country signals our disapproval of, and distance ourselves from, that errant action. To the extent that the conduct of the past administration was inconsistent with our laws or standard of decency, we should look for a way to provide meaningful compensation for serious injuries that resulted ...

http://seattlepi.nwsource.com/opinion/397247_schnapper25.html