Source:
San Francisco ChronicleFormer Bush administration lawyer John Yoo will appeal a federal judge's ruling that allowed a prisoner to sue him for devising the legal theories that led to his alleged torture, Yoo's attorneys said today.
President Obama's Justice Department, which represented Yoo in unsuccessfully seeking dismissal of the suit, filed a notice saying he would ask the Ninth U.S. Circuit Court of Appeals in San Francisco to intervene in the case. Department attorneys also said they were dropping out of the case and that Yoo was now represented by a private lawyer, not identified in the court document.
... The suit was filed by Jose Padilla, a U.S. citizen now serving a 17-year prison sentence after being convicted of conspiring to provide money and supplies to Islamic extremist groups.
... Obama administration lawyers argued that courts had no power to scrutinize a lawyer's advice that was part of high-level government decision-making.
But U.S. District Judge Jeffrey White of San Francisco ruled June 12 that Padilla could try to prove that Yoo had stepped outside of a lawyer's role and become an architect of a policy that violated his rights.
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