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BloombergJuly 14 (Bloomberg) --
Justice Department attorneys will no longer defend former Bush administration lawyer John Yoo, who wrote memos justifying harsh interrogations of suspected terrorists, in a lawsuit claiming he’s responsible for violating the constitutional rights of a detainee.
Private lawyers paid by the Justice Department will represent Yoo, who is appealing a federal judge’s refusal to throw out the lawsuit, according to court filings and a Justice Department spokeswoman. The filings didn’t name the lawyers.“The department so far has been able to provide direct representation in this case by arguing that the lawsuit should be dismissed for qualified immunity reasons, and that remains the department’s position,” Tracy Schmaler, a Justice Department spokeswoman, said yesterday in an e-mail. “But as this case moves forward, the defendant deserves the opportunity to retain defense counsel that can make any and all arguments available on his behalf.”
Paying Yoo’s legal bills is “normal practice when the potential exists for disagreement between the government and the defendant over complex legal questions,” Schmaler said. Qualified immunity protects government officials from being sued for damages unless they violated clearly established law.
Jose Padilla, a detainee convicted last year of supporting terrorists and conspiring to commit murder, sued Yoo, who advised Bush that terrorism suspects weren’t protected by Geneva Convention bans on physical abuse.
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