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After more than five years of delay that have angered and frustrated the victims’ families, an inquest opened on [October 11] into the [attacks] on the London transit system on July 7, 2005, that killed 52 people and the four bombers, and wounded more than 700 others. The inquest ... began with the presiding judge, Lady Heather Hallett, ... pledging in her opening remarks that she would undertake to keep the inquest as open as possible while protecting Britain’s national security. Lady Hallett said she would go as far as she could to meet the demand of the victims’ families to know why the country’s security and intelligence services did not act to prevent the bombings on the basis of what they knew about the attackers beforehand. The families’ demands have echoed those of victims’ relatives after the Sept. 11, 2001, attacks in the United States, but they have been amplified by the lengthy delay in holding the London inquest, which is the first comprehensive public inquiry into what have become known in Britain as the 7/7 attacks. The delay in opening the inquest has been officially explained as necessary to allow the police and other security agencies to complete their own investigations. As with the last inquest in Britain to become a focus of attention on a similar scale, the long-delayed investigation into the 1997 death in a Paris car crash of Diana, Princess of Wales, top officials of Britain’s major police and security agencies, Scotland Yard, MI5 and MI6, are expected to be called as witnesses.
Note: For powerful, reliable information that the 7/7 bombing was manipulated, click here. For analysis of the many unanswered questions surrounding the London bombing on 7/7, click here.
Under the cover of a benign government information-gathering program, a Defense Department official set up a network of private contractors in Afghanistan and Pakistan to help track and kill suspected militants. The official, Michael D. Furlong, hired contractors from private security companies that employed former C.I.A. and Special Forces operatives. The contractors, in turn, gathered intelligence on the whereabouts of suspected militants and the location of insurgent camps, and the information was then sent to military units and intelligence officials for possible lethal action in Afghanistan and Pakistan. Some American officials say they became troubled that Mr. Furlong seemed to be running an off-the-books spy operation. It is generally considered illegal for the military to hire contractors to act as covert spies. Officials said Mr. Furlong’s secret network might have been improperly financed by diverting money from a program designed to merely gather information about the region. Moreover, in Pakistan, where Qaeda and Taliban leaders are believed to be hiding, the secret use of private contractors may be seen as an attempt to get around the Pakistani government’s prohibition of American military personnel’s operating in the country.
Note: More details of the secret war in Afghanistan and Pakistan continue to leak out steadily. As this article indicates, secret privatized death squad operations go on in the dark while the Pentagon and the press announce a scaling back of "Special Operations" out of concern for "civilian casualties."
An upcoming Justice Department report from its ethics-watchdog unit, the Office of Professional Responsibility (OPR), clears the Bush administration lawyers who authored the “torture” memos of professional-misconduct allegations. NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors — Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor — violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.
Note: The Obama administration continues to uphold the illegal policies introduced by the Bush/Cheney regime. For lots more on the realities of the fraudulent "war on terrorism", click here.
Two courts, one in Italy and one in the United States, ruled recently on the Bush administration’s practice of extraordinary rendition, which is the kidnapping of people and sending them to other countries for interrogation — and torture. The Italian court got it right. The American court got it miserably wrong. In Italy, a judge ruled that a station chief for the Central Intelligence Agency and 22 other Americans broke the law in the 2003 abduction of Osama Moustafa Hassan Nasr, a Muslim cleric who ended up in Egypt, where he said he was tortured. Two days earlier, a federal appeals court in Manhattan brushed off a lawsuit by Maher Arar, a Syrian-born Canadian citizen who was seized in an American airport by federal agents acting on bad information from Canadian officials. He was held incommunicado and harshly interrogated before being sent to Syria, where he was tortured. He spent almost a year in a grave-size underground cell before the Syrians let him go. It has long been established that Mr. Arar was not guilty of anything. Canada admitted that it had supplied false information to American authorities, and in 2007, it apologized and offered Mr. Arar $10 million in damages. Written by Chief Judge Dennis Jacobs, the 59-page majority opinion held that no civil damages remedy exists for the horrors visited on Mr. Arar. The ruling distorts precedent and the Constitutional separation of powers to deny justice to Mr. Arar and give officials a pass for egregious misconduct. The overt disregard for the central role of judges in policing executive branch excesses has frightening implications for safeguarding civil liberties, as four judges suggested in dissenting opinions.
Note: For many reports from major media sources of growing government threats to civil liberties, click here.
Doctors and psychologists the CIA employed to monitor its "enhanced interrogation" of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged. Physicians for Human Rights (PHR), a not-for-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood. PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA's secret "torture programme". The most incendiary accusation of PHR's latest report, Aiding Torture, is that doctors actively monitored the CIA's interrogation techniques with a view to determining their effectiveness, using detainees as human subjects without their consent. The report concludes that such data gathering was "a practice that approaches unlawful experimentation". Human experimentation without consent has been prohibited in any setting since 1947 [with] the Nuremberg Code, which resulted from the prosecution of Nazi doctors. In April, a leaked report from the International Committee of the Red Cross found that medical staff employed by the CIA had been present during waterboarding, and had even used what appeared to be a pulse oxymeter, placed on the prisoner's finger to monitor his oxygen saturation during the procedure. PHR is calling for an official investigation into the role of doctors in the CIA's now widely discredited programme. It wants to know exactly how many doctors participated, what they did, what records they kept and the science that they applied.
Note: To watch a video of a Democracy Now! segment on the PHR report, click here. For astounding information on how MDs participated in the CIA's mind control experiments in the past, click here.
U.S. military defense lawyers for accused 9/11 conspirator Ramzi bin al Shibh cannot learn what interrogation techniques CIA agents used on the Yemeni before he was moved to Guantánamo to be tried as a terrorist, an Army judge has ruled. Bin al Shibh, 37, is one of five men charged in a complex death penalty prosecution by military commission currently under review by the Obama administration. But his lawyers say he suffers a "delusional disorder," and hallucinations in his cell at Guantánamo may leave him neither sane enough to act as his own attorney nor to stand trial. Prison camp doctors treat him with psychotropic drugs. Army Col. Stephen Henley, the military judge on the case, has scheduled a competency hearing for mid-September. Meantime, the judge ruled on Aug. 6 that "evidence of specific techniques employed by various governmental agencies to interrogate the accused is . . . not essential to a fair resolution of the incompetence determination hearing in this case." Prosecutors had invoked a national security privilege in seeking to shield the details from defense lawyers. Many of the techniques used on the men have already been made public. They included waterboarding, sleep deprivation and sexual humiliation methods meant to break a captive's will. But Navy Cmdr. Suzanne Lachelier, the Yemeni's Pentagon appointed defense attorney, said court-approved mental health experts -- as well as the judge -- need to know the specifics to assess her client's mental illness. If he suffers post-traumatic stress disorder as a result of his CIA interrogations, there may be PTSD treatments that could make him competent.
Note: For many reports from reliable sources on the hidden realities of "the war on terror," click here.
The program began with Central Intelligence Agency leaders in the grip of an alluring idea: They could get tough in terrorist interrogations without risking legal trouble by adopting a set of methods used on Americans during military training. How could that be torture? In a series of high-level meetings in 2002, without a single dissent from cabinet members or lawmakers, the United States for the first time officially embraced the brutal methods of interrogation it had always condemned. This extraordinary consensus was possible, an examination by The New York Times shows, largely because no one involved — not the top two C.I.A. officials who were pushing the program, not the senior aides to President George W. Bush, not the leaders of the Senate and House Intelligence Committees — investigated the gruesome origins of the techniques they were approving with little debate. According to several former top officials involved in the discussions seven years ago, they did not know that the military training program, called SERE, for Survival, Evasion, Resistance and Escape, had been created decades earlier to give American pilots and soldiers a sample of the torture methods used by Communists in the Korean War, methods that had wrung false confessions from Americans. Even George J. Tenet, the C.I.A. director who insisted that the agency had thoroughly researched its proposal and pressed it on other officials, did not examine the history of the most shocking method, the near-drowning technique known as waterboarding.
Note: For powerful revelations of the realities behind the fake "war on terror", click here.
Britain and America have led other countries in "actively undermining" the rule of law and "threatening civil liberties" in the guise of fighting terrorism, international jurists have charged in a report published yesterday. The three-year study calls for urgent measures to stop the erosion of individual freedom by states and [for] the abandoning of draconian measures brought on with the "War on Terror". The legal framework which broadly existed in democratic countries before 9/11 was "sufficiently robust to meet current threats" said the International Commission of Jurists. Instead, a series of security measures were brought in, many of which were illegal. One worrying development ... was that liberal democracies such as the UK and US have been at the forefront of advocating the new aggressive policies and that has given totalitarian regimes the excuse to bring in their own repressive laws. The ICJ panel, which included Mary Robinson, the former Irish president and United Nations Human Rights Commissioner and Arthur Chaskelson, the former president of the South African constitutional court, gathered their evidence from 40 countries. They took testimony from government officials, ministers, and people in prison for alleged terrorist offences. The actions of the US [have] immense influence on the behaviour of other countries, the study maintained, and the jurists called on President Barack Obama to repeal policies which came with the "war on terror paradigm" and were inconsistent with international human rights law.
Note: To read the ICJ Eminent Jurists Panel's full Report on Terrorism, Counter-Terrorism and Human Rights, click here. For many disturbing reports from major media sources on the increasing threats from states to civil liberties under the pretext of fighting terrorism, click here.
The top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial has concluded that the U.S. military tortured a Saudi national ... interrogating him with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, leaving him in a "life-threatening condition." "We tortured [Mohammed al-]Qahtani," said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. "His treatment met the legal definition of torture. And that's why I did not refer the case" for prosecution. Military prosecutors said in November that they would seek to refile charges against Qahtani, 30, based on subsequent interrogations that did not employ harsh techniques. But Crawford, who dismissed war crimes charges against him in May 2008, said in the interview that she would not allow the prosecution to go forward. The interrogation ... was so intense that Qahtani had to be hospitalized twice at Guantanamo with bradycardia, a condition in which the heart rate falls below 60 beats a minute and which in extreme cases can lead to heart failure and death. At one point Qahtani's heart rate dropped to 35 beats per minute, the record shows.
Note: For many revealing reports on torture and other war crimes committed in the War on Terrorism and in Iraq and Afghanistan, click here.
The Air Force is investigating a top official in the Guantánamo war crimes trials following complaints that he inappropriately sought to influence the prosecution of cases. Defense lawyers and human rights groups have accused Air Force Brig. Gen. Thomas Hartmann, who supervised the prosecution of enemy combatants at Guantánamo Bay until he was reassigned last month, of lacking neutrality and pushing for premature prosecutions to rally public support for the tribunals. Air Force Maj. David Frakt, a military defense lawyer who has represented several Guantánamo detainees, said the probe was launched after he and others alerted authorities about possible ethical violations by Hartmann. Frakt said that he informed his superiors in July of concerns regarding Hartmann's "unprofessional conduct" and "lack of candor," and that the investigation could result in professional sanctions and might give some detainees grounds to challenge actions that Hartmann took in cases against them. Hartmann was removed as legal adviser for the Guantánamo trials in September. He continues to oversee the tribunals in his new post, but is not directly involved with prosecutors. Military judges have already barred him from participating in three Guantánamo trials, saying he lacked impartiality and aligned himself too closely with prosecutors. The investigation is proof that serious questions remain about the tribunals' fairness, said Jennifer Daskal, a lawyer for Human Rights Watch, which has lobbied on behalf of the detainees. "The Department of Defense has absolutely refused to clean house."
Note: For many disturbing reports on threats to civil liberties from major media sources, click here.
Red Cross investigators concluded last year in a secret report that the Central Intelligence Agency’s interrogation methods for high-level Qaeda prisoners constituted torture and could make the Bush administration officials who approved them guilty of war crimes, according to a new book on counterterrorism efforts since 2001. The book says that the International Committee of the Red Cross declared in the report, given to the C.I.A. last year, that the methods used on Abu Zubaydah, the first major Qaeda figure the United States captured, were "categorically" torture, which is illegal under both American and international law. The book says Abu Zubaydah was confined in a box "so small ... he had to double up his limbs in the fetal position" and was one of several prisoners to be "slammed against the walls," according to the Red Cross report. The C.I.A. has admitted that Abu Zubaydah and two other prisoners were waterboarded, a practice in which water is poured in the nose and mouth to [cause near] suffocation and drowning. The book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, by Jane Mayer ... offers new details of the agency’s secret detention program, as well as the bitter debates in the administration over interrogation methods. Citing unnamed "sources familiar with the report," Ms. Mayer wrote that the Red Cross document "warned that the abuse constituted war crimes, placing the highest officials in the U.S. government in jeopardy of being prosecuted."
Note: For lots more on war and war crimes, click here.
The Supreme Court ... delivered its third consecutive rebuff to the Bush administration’s handling of the detainees at Guantánamo Bay, ruling 5 to 4 that the prisoners there have a constitutional right to go to federal court to challenge their continued detention. The court declared unconstitutional a provision of the Military Commissions Act of 2006 that ... stripped the federal courts of jurisdiction to hear habeas corpus petitions from the detainees seeking to challenge their designation as enemy combatants. Writing for the majority, Justice Anthony M. Kennedy said the truncated review procedure provided by a previous law, the Detainee Treatment Act of 2005, “falls short of being a constitutionally adequate substitute” because it failed to offer “the fundamental procedural protections of habeas corpus.” Justice Kennedy declared: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The decision, which was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, was categorical in its rejection of the administration’s basic arguments. Indeed, the court repudiated the fundamental legal basis for the administration’s strategy, adopted in the immediate aftermath of the attacks of Sept. 11, 2001, of housing prisoners captured in Afghanistan and elsewhere at the United States naval base in Cuba, where Justice Department lawyers advised the White House that domestic law would never reach.
Note: For many disturbing reports on threats to civil liberties from major media sources, click here.
Defense attorneys for the 270 detainees at Guantanamo Bay said the Supreme Court decision yesterday that granted detainees habeas corpus rights was a watershed moment that will allow the men, some held for as long as 6 1/2 years, to challenge their detentions before a civilian judge. The court's ruling immediately gives the detainees access to a federal court in Washington, where lawyers will seek to have judges order the men released from indefinite detention. Legal experts said it is unclear how the hearings will proceed, but the government could be compelled to present highly classified evidence, and detainees could for the first time be able to publicly call witnesses, present evidence of abuse and rebut terrorism allegations. The decision could force the U.S. government to show why individual detainees must be held, something U.S. officials have fought for years. As many as 130 detainees have been deemed dangerous but are unlikely to ever face criminal charges, according to prosecutors, and now government officials could have to argue for indefinite detention even if the evidence is flimsy or nonexistent. "We're going to see a high number of people the government is going to have to release," said Michael Ratner, president of the Center for Constitutional Rights, which has represented Guantanamo Bay detainees since 2002. It is unclear how the Boumediene v. Bush decision will affect military commissions trials at Guantanamo Bay, Cuba, where 20 detainees, including ... Khalid Sheik Mohammed, have been charged with war crimes.
For four decades, the United States has been filling the outer reaches of our atmosphere with 189 reconnaissance satellites. And for several years, artist-geographer Trevor Paglen has been keeping his eye on them. "The Other Night Sky," ... at the Berkeley Art Museum, is a result of Paglen's nocturnal efforts. "When you look at the number of satellites, what they're doing and what they represent, it is really a vision of trying to have the world in your clutches," says Paglen in his disheveled office in UC Berkeley's geography department. "[T]his project is trying to think about what ... looking at the night sky in search of truth means today." "The Other Night Sky" is not Paglen's first foray into extended studies of secret military projects. Six years ago - while working on a project about the California penal system that involved examining satellite photos of prisons - he stumbled on some classified military sites. At the time, the war on terror was in full bloom and a number of rumors about secret sites had begun to circulate. "We knew the CIA had to be running secret prisons around the world," Paglen says. "It was not in the news, but you could tell - people were being rounded up but were not being put in our jails. These hidden military sites I stumbled upon seemed really relevant to the idea that the state was disappearing people." Through numerous information requests at the national and state levels, he generated reams of knowledge about the United States' secret rendition program that was not then making news. That he had time to pursue it gave Paglen a sense of moral responsibility.
Note: Trevor Paglen's new book, I Could Tell You But Then You Would Have to be Destroyed by Me: Emblems from the Pentagon's Black World presents peculiar shoulder patches created for the weird and top secret programs funded by the Pentagon's black budget. His 2006 book, Torture Taxi: On the Trail of the CIA's Rendition Flights, was the first to focus on extraordinary rendition -- when the CIA takes captives to countries where they can be tortured or jailed without due process.
Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does -- and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to "shoot to kill"ť in the event of martial law. In November 2001, InfraGard had around 1,700 members. As of late January, InfraGard had 23,682 members, according to its website, www.infragard.net, which adds that "350 of our nation's Fortune 500 have a representative in InfraGard."ť FBI Director Robert Mueller addressed an InfraGard convention on August 9, 2005. He urged InfraGard members to contact the FBI if they "note suspicious activity or an unusual event." And he said they could sic the FBI on "disgruntled employees who will use knowledge gained on the job against their employers."ť
Note: We don't normally use Common Dreams as a news source, but as this news is so important and the major media failed to report it, we decided to include this article here. For a revealing report by the ACLU on this key topic, click here. For important reports from major media sources on threats to civil liberties, click here.
U.S. intelligence officials are [now claiming] that popular Internet services that enable computer users to adopt cartoon-like personas in three-dimensional online spaces also are creating security vulnerabilities by opening novel ways ... to move money, organize and conduct corporate espionage. Over the last few years, "virtual worlds" such as Second Life and other role-playing games have become home to millions of computer-generated personas known as avatars. By directing their avatars, people can take on alternate personalities, socialize, explore and earn and spend money across uncharted online landscapes. Nascent economies have sprung to life in these 3-D worlds, complete with currency, banks and shopping malls. Corporations and government agencies have opened animated virtual offices, and a growing number of organizations hold meetings where avatars gather and converse in newly minted conference centers. Intelligence officials ... say they're convinced that the qualities that many computer users find so attractive about virtual worlds -- including anonymity, global access and the expanded ability to make financial transfers outside normal channels -- have turned them into seedbeds for transnational threats. The government's growing concern seems likely to make virtual worlds the next battlefield in the struggle over the proper limits on the government's quest to [expand] data collection and analysis and the surveillance of commercial computer systems. Virtual worlds could also become an actual battlefield. The intelligence community has begun contemplating how to use Second Life and other such communities as platforms for cyber weapons.
Abdul Razzaq Hekmati was regarded here as a war hero, famous for ... a daring prison break he organized for three opponents of the Taliban government in 1999. But in 2003, Mr. Hekmati was arrested by American forces in southern Afghanistan when, senior Afghan officials ... contend, he was falsely accused by his enemies of being a Taliban commander himself. For the next five years he was held at the American military base in Guantánamo Bay, Cuba, where he died of cancer on Dec. 30. The fate of Mr. Hekmati, the first detainee to die of natural causes at Guantánamo ... demonstrates the enduring problems of the tribunals at Guantánamo. Afghan officials, and some Americans, complain that detainees are effectively thwarted from calling witnesses in their defense, and that the Afghan government is never consulted on the detention cases, even when it may be able to help. Mr. Hekmati’s case, officials who knew him said, shows that sometimes the Americans do not seem to know whom they are holding. In a report in February 2006 ... researchers at Seton Hall University School of Law ... concluded that no outside witnesses had ever been called to appear at Guantánamo. Lt. Col. Stephen E. Abraham ... stepped forward last June to criticize the tribunals. In a submission to the Supreme Court, he condemned them for relying on generalized evidence that would have been dismissed by any competent court, and as being devised to rubber-stamp the administration’s assertion that the detainees had been correctly designated “enemy combatants” when they were captured and that they could be held indefinitely.
An investigation into the illicit sale of American nuclear secrets was compromised by a senior official in the State Department, a former FBI employee has claimed. The official is said to have tipped off a foreign contact about a bogus CIA company used to investigate the sale of nuclear secrets. The firm, Brewster Jennings & Associates, was a front for Valerie Plame, the former CIA agent. Her public outing two years later in 2003 by White House officials became a cause célčbre. The claims that a State Department official blew the investigation into a nuclear smuggling ring have been made by Sibel Edmonds, 38, a former Turkish language translator in the FBI’s Washington field office. Plame, then 38, was the ... wife of a former US ambassador, Joe Wilson. She travelled widely for her work, often claiming to be an oil consultant. In fact she was a career CIA agent who was part of a small team investigating the same procurement network that the State Department official is alleged to have aided. Brewster Jennings was one of a number of covert enterprises set up to infiltrate the nuclear ring. [Edmonds said the State Department official] "found out about the arrangement . . . and he contacted one of the foreign targets and said . . . you need to stay away from Brewster Jennings because they are a cover for the government.“ Phillip Giraldi, a former CIA officer, said: “It’s pretty clear Plame was targeting the Turks. If indeed that [State Department] official was working with the Turks to violate US law on nuclear exports, it would have been in his interest to alert them to the fact that this woman’s company was affiliated to the CIA. I don’t know if that’s treason legally but many people would consider it to be.”
Note: To read former CIA agent Philip Giraldi's analysis of Edmonds' claims, in which he identifies the unnamed State Department official as Marc Grossman, click here. And to read an interview with Edmonds on the series of articles about her revelations appearing in the Sunday Times and media censorship elsewhere, click here.
An internal Pentagon review this year found systemic problems ... in the military’s efforts to obtain records from American banks and consumer credit agencies in terrorism and espionage investigations, according to Pentagon documents. The newly disclosed documents, totaling more than 1,000 pages, provide additional confirmation of the military’s expanding use of what are known as national security letters under powers claimed under the Patriot Act. The documents show that the military has issued at least 270 of the letters since 2005, and about 500 in all since 2001. The documents were obtained through the Freedom of Information Act by two private advocacy groups, the American Civil Liberties Union and the Electronic Frontier Foundation. The New York Times first disclosed the military’s use of the letters in January, and senior members of Congress and civil liberties groups criticized the practice on grounds that it seemed to conflict with traditional Pentagon rules against domestic law enforcement operations. The documents raise a number of apparent discrepancies between the Defense Department’s internal practices and what officials have said publicly and to Congress about their use of the letters. The documents suggest, for instance, that military officials used the F.B.I. to collect records for what started as purely military investigations. And the documents also leave open the possibility that records could be gathered on nonmilitary personnel in the course of the investigations. Civil liberties advocates said recent controversy over the Department of Defense’s collection of information on antiwar protesters made them suspicious of the assertion that the letters had been used exclusively to focus on military personnel. “We are very skeptical that the D.O.D. is voluntarily limiting its own surveillance power,” said Melissa Goodman, a staff attorney for the A.C.L.U..
Somehow, the [Supreme Court] could not muster the four votes needed to grant review in the case of an innocent German citizen of Lebanese descent who was kidnapped, detained and tortured in a secret overseas prison as part of the Bush administration’s ... anti-terrorism program. The victim, Khaled el-Masri, was denied justice by lower federal courts, which dismissed his civil suit in a reflexive bow to a flimsy government claim that allowing the case to go forward would put national security secrets at risk. Those rulings ... represented a major distortion of the state secrets doctrine, a rule ... that was originally intended to shield specific evidence in a lawsuit filed against the government. It was never designed to dictate dismissal of an entire case before any evidence is produced. The Masri case ... is being actively discussed all over the world. The only place it cannot be discussed, it seems, is in a United States courtroom. In effect, the Supreme Court has granted the government immunity for subjecting Mr. Masri to “extraordinary rendition,” the morally and legally unsupportable United States practice of transporting foreign nationals to be interrogated in other countries known to use torture and lacking basic legal protections. It’s hard to imagine what, at this point, needs to be kept secret, other than the ways in which the administration behaved, ... quite possibly illegally, in the Masri case. The Supreme Court has left an innocent person without any remedy for his wrongful imprisonment and torture. It has ... established [itself] as Supreme Enabler of the Bush administration’s efforts to avoid accountability for its actions. These are not accomplishments to be proud of.
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