The Ninth Circuit, the most liberal federal appeals court in the country, today unanimously rejected the lawsuit brought against me by Jose Padilla, who is currently serving his sentence for criminal conspiracy charges as an associate of al Qaeda.  Despite his conviction, he sued everyone involved in his detention as an enemy combatant.  He had already lost in the Fourth Circuit in South Carolina in his lawsuit against Donald Rumsfeld and other Pentagon and military officials who were in charge of the Charleston brig, where he was held.

The Ninth Circuit’s decision confirms that this litigation has been baseless from the outset.  For several years, Padilla and his attorneys have been harassing the government officials he believes to have been responsible for his detention, and ultimately conviction as a terrorist.  He has now lost before two separate courts of appeals, and will need to find a new hobby for his remaining time in prison.

Comments:


Trace
Joined
May '10
Trace Urdan

Terrific news! Would love to better understand how this type of suit is permissable and why every convicted felon on the planet isn't engaged in something similar? What about some sort of professional censure for lawyer that pursues such a frivilous case. The zealotry in this case is not in his defense after all but in pursuing personal gain. Would love to hear more if permissable.

Joseph Eagar
Joined
Oct '10
Joseph Eagar

Congratulations, John!

EJHill
Joined
May '10
EJHill

New! From Law Talk Records in association with Abdullah al-Muhajir Productions! Only $9.99!

Greatest Hits

Joined
Jan '12
Noesis Noeseos

Congratulations.  Even a broken clock shows the correct time twice each day.  You are the beneficiary of  a lucky moment.

MRK
Joined
Apr '11
Molly

See prayers are answered, good news indeed.

Matthew Gilley
Joined
May '10
Matthew Gilley

Good news indeed. I don't suppose there's a practical option for you to recover your attorney fees, is there?

Terrell David
Joined
Jun '11
Terrell David

John you are a hero.  Thank you sir.

Brian Clendinen
Joined
Mar '11
Brian Clendinen

I was shocked when I heard minuet news report on your case this evening on NPR just after I had read your good news.

Edited on May 3, 2012 at 4:06am

Joined
Nov '10
mfgcbot

Congratulations, Professor Yoo.  Thanks for sharing this with us, and thanks for all of your contributions to Ricochet.

Sisyphus
Joined
Jul '10
Sisyphus

Excellent!

Keep an eye out for flying pigs over the next day or two, just in case.

10 cents
Joined
Dec '11
10 cents

Four things you should never do.1. Pull on Superman's cape.2. Get into a history debate with Victor Davis Hansen.3. Get into a law suit with John Yoo.4. Ask Richard Epstein an open ended question.Best wishes!

Astonishing
Joined
Nov '11
Astonishing
Trace Urdan:  . . .Would love to better understand how this type of suit is permissable and why every convicted felon on the planet isn't engaged in something similar? . . .

Sadly the "jailhouse lawyer" phenomenon is all too common, or it used to be back when I was in contact with such things. Prisoner pro se claims are a major drain on the legal system. And "hobby" is exactly the right word. Having a lawsuit going gives a convict a distraction, creates more opportunities to communicate with the outside world, and lets him feel like he is fighting back.

 A convict acting pro se cobbles together some less-than half-baked claim. The court then evaluates the prisoner's filing in the light most favorable to the prisoner, and if, when read in that light, the claim has any possible theoretical skinny little shred of legitimacy, the court must appoint the prisoner a real live lawyer to help him work up that claim. So the beautiful irony is, because of the very fact that convicts are under government control, the government and the courts must bend over backwards to ensure they get adequate legal representation to pursue their civil claims.

Trace
Joined
May '10
Trace Urdan

Thanks Astonishing. Very interesting, if infuriating.


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