A former Bush administration lawyer is asking a federal court to toss a lawsuit by a 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.

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

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