Monday, June 30, 2025

Husayan v. Mitchell (9th Cir. - June 30, 2025)

It's definitely torture. But you can't sue for it.

I'm always shocked whenever I read historical pieces about how certain countries simply kill, rather than take prisoner, captured enemy combatants. The Japanese during World War II. The German treatment of Russian soldiers. Russia, and perhaps Ukraine, in the modern era. It always strikes me as barbaric. Or at least "uncivilized".

But when I read in today's opinion how the United States treated Zayn Husayn, I wonder if he wouldn't have preferred just dying from his wounds, rather than being tortured and then held in CIA black sites for two decades (and counting).

Not that he's a good guy. He's not. (Though how "not good" is really unclear.) Still. If it were me, I'd likely rather have just been killed and had it over with.

Anyway, he survived both the injuries and our torture, is probably fully crazy at this point, and likely will never be released.

And definitely can't sue.