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The Case Against Secretary Rumsfeld

On March 1, 2005, Human Rights First, together with the American Civil Liberties Union, retired military leaders, and the law firm of Lieff Cabraser Heimann and Bernstein, LLP., filed a lawsuit against U.S. Defense Secretary Donald Rumsfeld on behalf of Iraqi and Afghan civilians who were tortured and abused while in U.S. custody.

Updates

Judge Dismissed Torture Case Against Rumsfeld

On March 27, 2006, Judge Thomas Hogan dismissed a case brought by nine Iraqi and Afghan former detainees for the torture they suffered in U.S. military custody against former Defense Secretary Donald H. Rumsfeld.

Press Release

District Court Decision Granting Motion to Dismiss (PDF 4MB)

03/28/07

Court to Hear Arguments in Case Against Rumsfeld

Human Rights First and the American Civil Liberties Union will appear in the federal district court in Washington, DC on Friday, December 8, 2006, at 10 a.m., to argue that Secretary of Defense Donald Rumsfeld is responsible for the torture and abuse in U.S. military custody of nine Iraqi and Afghan former prisoners.

Press Release

12/08/06

Human Rights First and ACLU file supplemental brief on Military Commissions Act

In response to Secretary Rumsfeld’s claim that Section 5 of the Military Commissions Act of 2006 barred their claims under the Geneva Conventions, Human Rights First and the ACLU argued in a court filing on November 28, 2006, that the section did not apply to their case and is unconstitutional.

12/05/06

Secretary Rumsfeld Continues to Argue Against Responsibility for Torture and Abuse

On July 21, 2006, Secretary Rumsfeld reasserted his argument that he is immune from responsibility for acts of torture and abuse committed under his watch. More »

07/24/06

Secretary Rumsfeld Attempts to Shirk Responsibility for U.S. Torture Policies

On May 25, 2006, Human Rights First and the American Civil Liberties Union announced their response to arguments by Secretary of Defense Donald Rumsfeld and three other defendants that they are immune from a lawsuit holding them accountable for policies of torture and abuse committed under their watch against civilians detained by the U.S. military in Iraq and Afghanistan. Retired military officers and military legal experts filed an amicus brief in support, arguing that contrary to the position of Secretary Rumsfeld, allowing the federal case to proceed would not be an intrusion into matters of national security and military decision-making. More »

05/25/06

Secretary Rumsfeld's Court Filing Argues Immunity for Responsibility from Torture and Abuse

On March 6, 2006, Secretary of Defense Donald Rumsfeld filed a motion to dismiss in the case brought by the ACLU and Human Rights First on behalf of victims of torture in U.S. custody. More »

03/06/06

Human Rights First and ACLU File Amended Complaint in Suit Against Defense Secretary Rumsfeld Over U.S. Torture Policies

On January 5, 2006, Human Rights First and the ACLU filed a consolidated amended complaint in the civil lawsuit charging Secretary of Defense Donald Rumsfeld with legal responsibility for the torture and abuse of detainees in U.S. military custody in Afghanistan and Iraq. The lawsuit was filed on behalf of nine men, five Iraqis and four Afghans, who were tortured and abused at the hands of U.S. forces under Secretary Rumsfeld's command. More »

(Updated 01/05/06)

Defending American Values in Court – Torture Victims Visit United States Seeking Accountability and Justice

In November 2005, Human Rights First and the American Civil Liberties Union welcomed to the United States two of their clients who have brought a civil action against Secretary Donald Rumsfeld and other senior members of the military seeking accountability for the torture and abuse they and other detainees suffered in U.S. detention facilities overseas. Their suit seeks, among other things, a federal court order declaring unlawful U.S. policies and practices permitting torture and other forms of abuse.

Read the news clip on ABC News

Read the original press release on the lawsuit
ARABIC VERSION (PDF 157KB)

Video of Press Conference
(03/01/05)

Listen to a Discussion of the Case
Against Rumsfeld

Our Statements

"This lawsuit presents the opportunity to make clear that the United States is still committed to the rule of law, and that every American, no matter how high-ranking, is bound to comply with those rules."

— Michael Posner

Read Statement of Michael Posner,
HRF Executive Director, on the lawsuit

"In dealing with detainees, the attitude at the top was that they are all just terrorists, beneath contempt and outside the law so they could be treated inhumanely. Our effort to gain information vitiated 200 years of history. International obligations didn't matter, nor did morality or humanity. That attitude dropped like a rock down the chain of command, and we had Abu Ghraib and its progeny."

– Rear Admiral John Hutson (Ret. USN),
of counsel to Human Rights First

Read Retired Rear Admiral John Hutson's statement

"Mr. Rumsfeld has made clear that he does not intend to accept responsibility for the patterns of misconduct emerging in the wake of his policy decisions. We feel the honor of our military is at stake. We owe it to those who still wear the uniform and continue to serve their country honorably to bring this suit. Mr. Rumsfeld's policies have stained our military's record for adherence to the rule of law and observance of human rights. We want to remove that stain."

– Brig. Gen. James Cullen (Ret. USA),
of counsel to Human Rights First

Read Retired Brig. Gen. James Cullen's statement

The Case

The legal basis for the case (PDF 39KB)

Read the amended complaint (PDF 349KB)

District Court Decision Granting Motion to Dismiss (PDF 4MB)

Legal Briefs and Order Concerning the Assignment of the Case to the District of Columbia Federal District Court

Memo in Support of Motion for Transfer (PDF 672KB)

Response in Opposition to Plaintiffs' Motion for Transfer (PDF 273KB)

Brief in Opposition to Plaintiffs' Motion for Transfer (PDF 841KB)

Reply in Support of Motion for Transfer (PDF 2.3MB)

Transfer Order (PDF 211KB)

Timeline

This timeline outlines actions Secretary Rumsfeld took that led to abuse and the points at which he was informed of the consequences of his actions. More »

The Clients