Court Rejects Alleged CIA Kidnap Victim
WASHINGTON- The Supreme Court on Tuesday terminated a lawsuit from a man who claims he was abducted and tortured by the CIA, effectively endorsing Bush administration arguments that state secrets would be revealed if the case were allowed to proceed.
Khaled el-Masri, 44, alleged that he was kidnapped by CIA agents in Europe and held in an Afghan prison for four months in a case of mistaken identity.
The administration has not publicly acknowledged that el-Masri was detained, and lower courts dismissed his suit after the administration asserted that state secrets would be revealed if the lawsuit were not blocked. The justices rejected his appeal without comment.
The case had been seen as a test of the administration’s legal strategy to stop it and several other national security lawsuits by invoking the doctrine of state secrets. Another lawsuit over the administration’s warrantless wiretapping program, also dismissed on state secrets grounds, still is pending before the justices.
A coalition of groups favoring greater openness in government says the Bush administration has used the state secrets privilege much more often than its predecessors.
At the height of Cold War tensions between the United States and the former Soviet Union, U.S. presidents used the state secrets privilege six times from 1953 to 1976, according to OpenTheGovernment.org. Since it has been used 39 times, enabling the government to unilaterally withhold documents from the court system, the group said.
El-Masri’s case centers on the CIA’s “extraordinary rendition” program, in which terrorism suspects are captured and taken to foreign countries for interrogation. Human rights groups have heavily criticized the program.
President Bush has repeatedly defended the policies in the war on terror, saying as recently as last week that the U.S. does not engage in torture.
El-Masri, a German citizen of Lebanese descent, says he was mistakenly identified as an associate of the Sept. 11 hijackers and was detained while attempting to enter Macedonia on New Year’s Eve 2003.
He claims that CIA agents stripped, beat, shackled, diapered, drugged and chained him to the floor of a plane for a flight to Afghanistan. He says he was held for four months in a CIA-run prison known as the “salt pit” in the Afghan capital of Kabul. The lawsuit sought damages of at least $75,000.
The U.S. government has neither confirmed nor denied el-Masri’s account. But German Chancellor Angela Merkel has said that U.S. officials acknowledged that El-Masri’s detention was a mistake.
El-Masri’s lawyers also tried to use a comment by former CIA director George Tenet to show that both the program and el-Masri’s case are well-known to the public.
The state secrets privilege arose from a 1953 Supreme Court ruling that allowed the executive branch to keep secret, even from the court, details about a military plane’s fatal crash.
The case is El-Masri v. U.S., 06-1613.
(AP)
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Looks like the unindicted co-conspirators at CAIR and the metrosexuals at the ACLU too one in the ass. Poor babies. So sad, too bad.
October 9th, 2007 at 8:45 amGod be praised and thank you, Lord, for Justices Alito, Roberts, Scalia and Thomas!
October 9th, 2007 at 8:58 am(Do I hear more gnashing of teeth over on the Left that another one of their “phony soldiers” who was going to be their standard bearer for their “Bush Tortures” offensive has gone down in flames like the others?)
The nine in black robes round filed this suit, right where it belongs.
October 9th, 2007 at 11:35 am[…] Court Rejects Alleged CIA Kidnap Victim — Pat Dollard […]
October 9th, 2007 at 3:14 pm