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Masri Appeal Argued

By TChris, Section War on Terror
Posted on Wed Nov 29, 2006 at 10:31:00 AM EST
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Khaled el-Masri reasonably believes he's entitled to an explanation, or at least an apology, for the U.S. government's decision to kidnap him, fly him to Afghanistan, and torture him before realizing he wasn't a terrorist. His lawsuit was thrown out, however, on the theory that the government can't be held accountable without revealing "state secrets." How shockingly illegal conduct can legitimately be kept secret, particularly after it's been revealed, is a mystery.

"I think courts are beginning to recognize that this administration is using secrecy to avoid accountability," says ACLU attorney Ben Wizner, who argued El-Masri’s appeal Tuesday in Richmond.

Don't expect the Fourth Circuit to be one of those courts.

Masri is thinking about suing Boeing (which presumably has no state secrets since it isn't a state), because one of its subsidiaries apparently played a role in his rendition.

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    Masri Appeal Argued | 7 comments (7 topical)

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    We need to stick to our Constitution. (5.00 / 1) (#1)
    by Pneumatikon on Wed Nov 29, 2006 at 09:29:58 AM EST
    We can't let the threat of Islam take away our liberties. Just don't blow off the threat, though. Critics of Islam are already getting assassinated in Europe.

    It isn't Islam (5.00 / 1) (#3)
    by koshembos on Wed Nov 29, 2006 at 12:38:40 PM EST
    The problem with the courts is much wider than siding with the government on silly state secrets issues. We have a very political judiciary and there, justice wise, we are at the bottom of the food chain compared to real democracies such as India, Israel, and Finland etc.

    for this case to even be recognized (4.00 / 1) (#4)
    by cpinva on Wed Nov 29, 2006 at 01:54:31 PM EST
    by the courts violates national security! now all of us will have to be killed. :)

    What secret? (4.00 / 1) (#6)
    by kdog on Wed Nov 29, 2006 at 05:09:58 PM EST
    It's no state secret...the govt. admits to kidnapping suspects and flying them to secret prisons in other countries with zero due process.  CIA agents who kidnap Joe Blow car salesmen don't deserve to hide behind their cover either.  That agency gets away with murder enough as it is.

    Damn right I want them held to account when they kidnap innocent people.  I hope the ACLU kicks some arse and freedom and justice win this court battle.  

    I don't believe there are any... (none / 0) (#2)
    by Bill Arnett on Wed Nov 29, 2006 at 11:09:14 AM EST
    ...statutes of limitations when addressing war crimes and crimes against humanity, so bush/cheney/rumsfeld/rice, et al, can take no comfort from their bogus ex-post facto law excusing everyone who participated in torturing.

    There will also be a new president, hopefully democratic, who can unravel all the executive orders bush/cheney have made to keep such activities secret.

    And once they leave office they will no longer have immunity from civil suits.

    bushworld will come apart at the seams soon, and the revelations as to the full and true damage they have wrought on America WILL be exposed, just in time to "flush out" bush's legacy.

    11 EU countries knew of extra. rendition (none / 0) (#5)
    by unbill on Wed Nov 29, 2006 at 03:58:57 PM EST
    This came over the news today too, that 11 EU countries knew of the extraordinary renditions, according to an EU parliament report:

    There were 11 European countries that knew about secret US jails for terror suspects and obstructed the investigation into the transport and illegal detention of prisoners within Europe, a European Parliament committee said in a draft report on Tuesday.

    "Many governments cooperated passively or actively (with the CIA)," the committee's rapporteur Claudio Fava said. "They knew."

    The draft, which was based on classified documents and secret informants, noted at least at least 1,245 suspicious flights through European air space or stopovers at European airports that took place at the request of the CIA.

    The report was the result of an investigation by a special committee of the European Parliament into "extraordinary rendition" -- the US practice of transporting terrorist suspects to third countries for questioning.

    The al-Masri case was also discussed last week at a Germany parliamentary committee hearing on the German intelligence service. Among other things, the then Interior Minister Otto Schily testified to ambassador Daniel Coat's knowledge of the case.

    I'd like to see Coats testify on this. If not in a court of law, then at least at a Congressional hearing.

    Is an apology and compensation ($75,000) not in order here? Or at least a trial? The poor guy has suffered enough, I think.

    Yet another reason "American Justice"... (none / 0) (#7)
    by Bill Arnett on Thu Nov 30, 2006 at 01:28:00 PM EST
    ...has made this country the laughingstock of the free world and exposed our leaders to be crass hypocrites.

    Masri Appeal Argued | 7 comments (7 topical)

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