CHICAGO — A lawsuit accusing former Defense Secretary Donald Rumsfeld of personal responsibility for U.S. forces alleged torture of two American whistle-blowers who worked for an Iraqi contracting firm will be allowed to move forward, a federal appeals court ruled Monday.
The ruling from the 7th U.S. Circuit Court of Appeals in Chicago comes just days after a similar decision by a federal judge in Washington, D.C., that gave the green light to an Army veteran — who also alleges he was tortured in Iraq — to sue Rumsfeld for damages.
Monday’s ruling rejected arguments that Rumsfeld should be immune from such lawsuits for work performed as a Cabinet secretary.
The U.S. Supreme Court sets a high bar for those suing a top government official, mandating that they show the acts in question are tied directly to a knowing violation of constitutional rights.
An attorney for Rumsfeld blasted the ruling.
“Having judges second- guess the decisions made by the armed forces halfway around the world is no way to wage a war,” David Rivkin Jr. said.
In their lawsuit, Donald Vance and Nathan Ertel claim U.S. forces detained them in 2006 after they alleged illegal activities by the Iraqi-owned company they worked for, Shield Group Security.
Among the methods of torture used against them during several weeks in military camps were sleep deprivation and a practice known as “walling,” in which subjects are blindfolded and walked into walls, according to the lawsuit.
The lawsuit alleges Rumsfeld personally participated in approving the methods.
