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Wednesday, May 12, 2004

Berg atrocity: Readers: can someone find the suit that Berg's parents filed against DOD to get their son out of jail? 

Recall that:

On April 5, the Bergs filed suit in federal court in Philadelphia, contending that their son was being held illegally by the U.S. military. The next day Berg was released. He told his parents he hadn't been mistreated.
(back)


Looks like the court is the United States District Court, Eastern District of Pennsylvania, the case name is Berg et al v. Rumsfeld, the plaintiffs are Berg, Suzanne Carol, as Next Friends of Nicholas Evan Berg; Berg, Nicholas Evan, by and Through; Berg, Michael S, and the defendant is the Honorable [ha] Donald H. Rumsfeld, Secretary of Defense. The case was brought before the Honorable Mary A McLaughlin. The attorney is Alfred A. Gollatz of
Gollatz, Griffin & Ewing, Philadelphia, PA.

The docket number is 2:04cv1497, and the filing date is 4/5/2004.

This is as far as I can go right now. Can any alert readers come up with the court filing for the case, so we can see why the Bergs were suing the DOD to get their son released from jail?

UPDATE The administration is denying that they ever held Berg. Seems kind of weird that he would be released the day after the suit was filed if they weren't holding him, but maybe I'm just being too cynical.

Berg was detained by Iraqi police at a checkpoint in Mosul on March 24. He was turned over to U.S. officials and detained for 13 days, the family said.

His father, Michael, said his son was not allowed to make phone calls or contact a lawyer.

Coalition spokesman Dan Senor told reporters that Berg was detained by Iraqi police in the northern Iraqi city of Mosul. The Iraqis informed the Americans, and the FBI questioned him three times about what he was doing in Iraq.

Senor said that to his knowledge Berg ''was at no time under the jurisdiction or detention of coalition forces.'' (via AP

"He denies it," the Red King said. "Leave out that part." Well....

Notice Republican operative Senor's very, very artful wording. He says: "at no time under the jurisdiction or detention of coalition forces." What about civilian "contractors"? The whole thing stinks of the Fog Machine (back). Who made the phone call to get Berg released one day after the parents filed suit? Who did they call? Above all, into whose custody was he released?

And keep reading, since it gets weirder. Here's what Briefing General Kimmit has to say:

Brig. Gen Mark Kimmitt said the only role the U.S. military played in Berg's confinement was to liaise with the Iraqi police to make sure he was being fed and properly treated because ''he was still an American citizen.''

"Still"?? So Kimmit thinks Berg was "still" an American citizen, despite... Well, despite what, actually?

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