note: this has nothing to do with that case in germany.  this is a lawsuit back home, by the ACLU.

http://www.cnn.com/2006/LAW/12/08/detainee.abuse.ap/index.html

Quote

The Justice Department argues that Rumsfeld cannot be sued. Government officials are generally immune from lawsuits related to their jobs unless they violate a constitutional right. A hearing before U.S. District Judge Thomas F. Hogan, set for Friday, will focus on whether Rumsfeld has official immunity.

and

Quote

The civil rights groups say Rumsfeld violated the prisoners' right of due process and to be free of cruel and unusual punishment. The government argues that foreigners held outside the United States do not have constitutional rights.

interesting to note: the issue at hand is (supposed to be),
whether or not Rummy violated the constitution in the performance of his duties..
..NOT whether or not foreigners have constitutional rights in the first place LOL!
(foreigners are already protected under the geneva convention and the supreme court already ruled that the geneva conventions DO apply, even if this is not a "real war". heh)

-===-

so basically, the government's position here is..
they don't deny that he committed crimes against humanity;
instead they are trying to argue why he committed crimes against humanity: because he thought he was immune from prosecution.

(ROFL!)

btw,  I love this part:

"Subjecting military leaders to such personal tort liability could distract them from their duties, and the specter of captured aliens harassing military personnel with time-consuming individual capacity litigation could cause grave damage to military morale," the government wrote in briefs filed with the court.


translation : military leaders commit war crimes every day,  its part of the job.  
if our leaders were suddenly held liable for each and every case,  it would overwhelm the system,
and make our soldiers question why they're even following our orders.
--> therefore our leaders should be immune from prosecution, and free to act like hitler, IF they feel the need.  

(gotta love the logic)    ("we've already committed too many of these crimes already: so lets just not call it a crime, shall we? its much easier that way")

Foreigners are protected under USC and treaties signed by the US. The instant they step onto American soil, wether it be the mainland, a military base, an embassy or whatever, they are required to comply with US law and are fully protected by USC.

Same goes for any other country, if I goto Canada I'm no longer protected under US law, but now under Canadian law and treaties signed by Canada.


I wish our government would stop wiping their a**es with the Constitution and actually read it. Oh wait, they will, come 2007 the rubber-stamp Congress is gone!

One cannot fight with for their nation when they do not follow their nation's ideals.