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4 comments:
Well, here are my "guesses" as to their fates:
1) Dreyfus, will not get any compensation for torture since president acted in an official capacity, and his immunity insulates him from all suits realted to the MCA. Dreyfus will get his writ for habeas corpus, following the rulings in Ry. v. Bush.
2) Rosenberg will get her appeal, since the MCA is unconstitutional in so many ways.
3) Georgia will retain custody of Frank.
-anglestani
I actually "guessed" that Dreyfus would get compenstated for torture , since it was so against all other legislation regarding treatment of detainees.
That's what I wanted to say at first, but after examining the case law, I think it's probably more likely he would not get any compensation. Remember Clinton v. Jones? In that case, the Court affirmed that any action by the President in an official capacity cannot result in civil suits. However, unofficial action, such as Clinton's alleged attempt to seduce Jones, fall outside of Presidential immunity. So given this understanding, Dreyfus, despite the torture law, cannot receive any compensation.
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