¹ 923 F.2d 1528 (11th Cir. 1991), reprinted in 30 ILM 1171 (1991).

² Scott Nelson was found to have been tortured by Administrative Law Judge David P. Tennant, who qualified Mr. Nelson for disability benefits under the Social Security Act. In the Case of Scott J. Nelson, Dep’t of Health and Human Services (Sept. 14, 1990). The independent Center for Victims of Torture found, in April 1990, that Mr. Nelson suffers from “catastrophic” post-traumatic stress disorder consistent with his reported history of torture in Saudi Arabia. Case of Scott J. Nelson, Summary of Barbara Chester, Ph.D., Center for Victims of Torture (Apr. 21, 1990).

³ 110 S.Ct. 701(1990).

⁴ It is unlikely that, upon remand, Saudi Arabia would raise the issue of the validity of the torture as an affirmative defense. To my knowledge, no state has ever admitted in any judicial proceeding that it has engaged in torture.

⁵ 621 F.2d 1371 (5th Cir. 1980).

⁶ 735 F.2d 329 (9th Cir. 1984).

⁷ Id. at 332. The court is referring to 28 U.S.C. §1605(a)(2), a provision of the Foreign Sovereign Immunities Act of 1976.

⁸ 682 F.2d 1022 (D.C. Cir. 1982).

⁹ Id. at 1027 n.22. Mr. Vega does not cite either Berkovitz or Gilson.