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Judge asked to dismiss Padilla suit

WASHINGTON, Oct. 19 (UPI) -- The U.S. Justice Department has filed a 55-page motion seeking dismissal of a lawsuit against former Defense Secretary Donald Rumsfeld and nine others.

The motion says Rumsfeld and nine other current or former U.S. officials did not violate any clearly established constitutional rights when they held terror suspect Joseph Padilla in isolated military detention, The Christian Science Monitor reported Friday.

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If the suit is allowed to progress, they say it will interfere with military decision-making, aid the enemy and make the United States more vulnerable to terrorist attacks.

A former Chicago gang member, Padilla, a U.S. citizen, was tried and convicted in Miami on terror conspiracy charges after being transferred to the civilian legal system.

A lawsuit filed on his behalf in South Carolina charges he endured isolation, stress positions, extreme cold, sleep deprivation and harsh interrogation techniques during his time in military custody.

At issue in the case is whether constitutional guarantees protect a U.S. citizen seized on U.S. soil once the citizen is designated an enemy combatant.

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