rumsfeld wants torture lawsuit dismissed

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i heard about the allegations a while ago, but today i saw on cnn that rumsfeld thinks he shouldnt be held accountable for the tortures that took place in the prisons in iraq and afghanistan. his and the justice department's argument is that federal officials can't be held accountable for something unless it violates a constitutional right. what do you think about this? (link to the article: http://edition.cnn.com/2006/LAW/12/08/detainee.abuse.ap/index.html)