Rumsfeld torture suit

An interesting news story appeared today which could be an example of how the courts can interfere with core military functions. A federal judge was reluctant to give Donald H. Rumsfeld immunity from torture allegations, yet said it would be unprecedented to let the departing defense secretary face a civil trial.

Rumsfeld’s lawyers contend that under the qualified immunity doctrine, "federal officials are immune from suit" unless they violate a clearly established constitutional right. If the suit were to go forward, it could force Rumsfeld and the Pentagon to disclose what officials knew about abuses at prisons such as Abu Ghraib prison in Iraq and what was done to stop it. They say that aliens held in a military detention facility in the field of battle abroad simply do not have established constitutional rights during their alleged detention and abuse.