If judges in the past refused to hear cases because they were worried about causing “an international spectacle,” evolution could not be taught in schools, criminals would have no right to legal counsel, and separate but equal would still be the norm. But when faced with a case involving torture – an extremely important case – that is all U.S. District Judge Richard Gergel is concerned about.
Jose Padilla, a man convicted of plotting terrorism, alleged that he was repeatedly tortured right here at the Charleston Naval Consolidated Brig, but Judge Gergel said the man had no constitutional right to sue, even though Padilla is a U.S. citizen. Furthermore, he did not want to hear the case because it would mean “America’s present and former leaders” would have to testify.
If no wrongdoing occurred, the judge should hear the case and only then should the case be dismissed. However if there is evidence of criminal wrongdoing on the part of the brig, these issues must be addressed. Judge Gergel, precedent is meant to be set in the courthouse, but by refusing to hear this case, you are setting the precedent that potential cases of significant importance will not be heard if they might damage the reputations of top government officials.
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