A former Bush administration lawyer is asking a federal court to toss a lawsuit by convicted terrorist who accuses him of drafting the legal theories that led to his alleged torture.

John Yoo, a former senior Justice Department official, asked the 9th U.S. Circuit Court of Appeals on Monday to reverse a lower court ruling allowing the suit to proceed.

Jose Padilla, a U.S. citizen serving a 17-year sentence for terrorism conspiracy, claims he was tortured while being held nearly four years.

The order by U.S. District Judge Jeffrey White of San Francisco allowing the suit to proceed marked the first time a government lawyer has been held potentially liable for the abuse of detainees.

Yoo's lawyer argues that legal counsel to a president in wartime should not be subject to "judicial second-guessing."