Saturday, January 22, 2005

Re: When the US Government Backs Iraqi Torturers of American POW's

I do not mean to suggest I agree or disagree with the decision to which Joe alludes (here is a link to the PDF), but I do take issue with Joe's characterization of the reason for the D.C. Circuit's dismissal as a technicality. The troops failed to identify a cause of action -- that is, they failed to explain what law Iraq allegedly broke and what law entitled the troops to recover. Regardless whether that decision was a correct evaluation of law, dismissal for failure to state a claim is not a technicality but goes the very heart of the case.

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