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Monday, May 18, 2009

Going After Bush Officials for Waterboarding Got A Lot Harder Today

Going after the Bush administration just got harder.

The Supreme Court, in a 5-4 decision, ruled Monday that several high-ranking government officials, including former Attorney General John Ashcroft and FBI Director Robert Mueller, cannot be sued for alleged abuse in the wake of the Sept. 11, 2001, attacks. The decision could put a damper on attempts to sue Bush-era officials for their involvement in anti-terror programs that critics say trampled on the rights of detainees.

The Court's ruling against Javaid Iqbal -- a Pakistani who filed suit against Ashcroft and Mueller claiming they were responsible for his arrest and mistreatment after Sept. 11 -- affirmed the high burden of proof required to bring such a case and upheld long-standing immunity protections given to government officers for their official duties.

The decision upheld that government officials generally are liable only for their own misconduct, and not the misconduct of their subordinates. This could have wide-ranging implications for other cases against Bush administration officials.

"It's just reiterated long-standing precedent on what it takes to (hold) the government itself responsible," said John Eastman, dean of the Chapman University School of Law. "There are certain criteria." - FOX News Story

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