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SCOTUS Urged Not to Leave CACI ‘Holding the Bag’ Over Abu Ghraib

Nov. 20, 2019, 3:25 PM

Defense contractor CACI Premier Technology Inc. told the U.S. Supreme Court that forcing it to face trial over torture at Abu Ghraib would improperly force courts to second-guess the military and have dangerous consequences for national security.

Without derivative sovereign immunity, private contractors that support the U.S. military “will be left holding the bag” and face liability for actions taken in conjunction with government officials who enjoy immunity for the same activity, CACI said in its petition for writ of certiorari.

Contractors’ willingness to support the U.S. military will be chilled if a U.S. Court of Appeals for the Fourth...

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