Donald Rumsfeld Can Be Sued?

While we had our eye on the train wreck of Wall Street following the downgrade of the credit rating of the United States, THIS happened:

'Tortured' US citizens allowed to sue Donald Rumsfeld

Two former US security contractors may sue former Defence Secretary Donald Rumsfeld for his role in their alleged torture in Iraq, a court has ruled.

US citizens Donald Vance and Nathan Ertel said they were held for months by US troops under harsh conditions.

They said they were detained in retaliation for efforts to reveal illegal activities by their employer.

A federal appeals court on Monday ruled that former Pentagon chief Donald Rumsfeld had no immunity in the case.

"Plaintiffs have alleged sufficient facts to show that Secretary Rumsfeld personally established the relevant policies that caused the alleged violations of their constitutional rights during detention," the Seventh Circuit Court of Appeals, based in Chicago, ruled in a 2-1 decision on Monday that upheld a decision by a lower US district court.

'Nightmarish scene'

The decision is the second this month in which US judges have ruled Mr Rumsfeld may be sued by US citizens who alleged torture in Iraq at the hands of US troops.

Last week, a US district judge in Washington ruled separately that a former American military contractor who also claims he was tortured in Iraq could sue Mr Rumsfeld.

The government said the contractor was suspected of helping pass information to the enemy, although he was never charged....

[...]

War 'second-guessed'

But the court said it remained to be seen whether Mr Rumsfeld had actually done so.

In a statement, a lawyer for Mr Rumsfeld said the decision to allow the suit "saps the effectiveness of the military, puts American soldiers at risk, and shackles federal officials who have a constitutional duty to protect America".

"Having judges second-guess the decisions made by the armed forces halfway around the world is no way to wage a war," David Rivkin said in a statement.

The US justice department could appeal against the ruling to the full panel of the Seventh Circuit Court of Appeals or to the US Supreme Court.

Can attempted litigation against George W. Bush be far behind?