The State Secret That Everyone Knows
Today, The New York Times ran an editorial about one of the ACLU’s rendition cases — Mohamed et al. v. Jeppesen. On Monday, February 9 the U.S. Court of Appeals for the 9th Circuit in San Francisco is scheduled to hear oral arguments in our case against Boeing subsidiary Jeppesen Dataplan, Inc., for its role in the illegal extraordinary rendition program.
The Bush administration inappropriately invoked the “state secrets” privilege, claiming that hearing the case in court would undermine national security interests (even though much of the evidence needed to try the case is already available to the public). The case was dismissed in February 2008, and our appeal of that decision next week will present the Obama administration with their first opportunity to break away from the Bush legacy of abuse and secrecy.
The editorial, entitled “Unraveling Injustice,” states:
The Bush administration’s claim is that the “very subject matter” of the suit is a state secret. We can understand why the Bush team would not want evidence of illegal detentions and torture presented in court, but the argument is preposterous.
To begin with, there is a growing body of public information about the C.I.A.’s rendition, detention and coercive interrogation programs. More profoundly, the argument that any litigation touching upon foreign intelligence operations is categorically off limits to judicial scrutiny is an affront to the constitutional separation of powers.
It is also contrary to Mr. Obama’s stated views…Instead of trying to automatically shut down any judicial review of these issues, the Obama administration should propose that judges examine actual documents or other specific evidence for which the state secrets privilege is invoked, and redact them as needed to protect legitimate secrets.
Mohamed et al. v. Jeppesen was brought on behalf of five men who were kidnapped and secretly transferred to U.S.-run prisons or foreign intelligence agencies overseas where they were interrogated under torture. The suit seeks to hold Jeppesen accountable for their knowing participation in the illegal extraordinary rendition program — and specifically the provision of critical flight planning and logistical support services to aircraft and crews used by the CIA to forcibly disappear these five men to detention and interrogation. To date, no victim of the extraordinary rendition program (in this case or any other) has been granted their day in court, let alone been afforded any kind of redress for their injuries. Some are still detained.
As the editorial points out, the case is the first test of the Obama administration’s commitment to transparency and his willingness to make a clean break from Bush policies of torture and extraordinary rendition.
Should Mr. Obama decide against pursuing criminal cases for the torture and abuse of prisoners, taking any chance of an effective civil case off the table would give a pass to such misconduct and leave its victims without any legal remedy. That certainly does not fit principles that the new president has so often articulated.
In the comments section, one reader notes, “Four and a half years in detention, then released without any charges filed. I'd say the man has a case.”
We couldn’t have put it better ourselves.
Feb 5th, 2009 at 4:48pm
Many of the rights abuses are justified by the claim that the abused persons are not in the US and therefore the Constitution doesn't completely apply. This is the reason that there are secret prisons overseas and in Guatanamo. It is also the justification for the immigration policy of wet foot/dry foot. So it may be time for an amendment to the constitution.
How about something like this: "The Constitution applies to all persons either living in the United States or its territories or those over which the Government excerizes control or authority."
Feb 5th, 2009 at 4:58pm
PRESIDENT OBAMA MUST COME TO REALIZE THAT THE CONTINUATION OF THE BUSH-ERA “EXTRAJUDICIAL PUNISHMENT NETWORK” ENDANGERS AMERICAN DEMOCRACY — AND HIS PRESIDENCY
• Appeasement on issues ranging from FISA/wireptapping to rendition only emboldens his entrenched opposition to attempt to subvert his administration.
• 'Torture' is happening HERE at home, via the widespread deployment and use of radiation weaponry by federal and local operatives.
The Obama administration's apparent embrace of secrecy on the issue of torture has disturbing ramifications that extend far beyond what has happened in Guantanamo.
Incoming AG Holder, Homeland Security Secretary Napolitano, Treasury Secretary Geithner and Defense Secretary Gates must immediately work with GOP defenders of the Constitution to dismantle the nationwide extrajudicial punishment network…
…authoritarian bureaucrats and security/intel officers and their nationwide network of citizen vigilantes fronted by federally-funded volunteer programs.
This nationwide, Gestapo-like “multi-agency action” operation has made a mockery of the judicial system for the past eight years and has claimed many victims from all strata of society — innocent Americans tagged as “dissidents,” “trouble-makers” or slandered as “deviates” by those who would use agencies of government as a means of social engineering.
Crimes against humanity are being committed across the nation via the use of so-called “directed energy (radiation) weapons” which the Bush D.O.J. recently confirmed are being widely deployed to police forces nationwide.
These RADIATION weapons emit silent, pulsed bursts of various forms of radiation — and are degrading and damaging the health of those on the receiving end as well as their operators.
This weaponry has NO PLACE in civilized society — much less in the hands of security personnel who interact with the public. It should be BANNED — and NOT deployed to local law enforcement with the aid, approval and funding of D.O.J.
The continued presence of radiation weaponry in the vicinity of the nation’s highest officials presents a danger to their health and well-being.
The widespread deployment of this weaponry virtually assures its misuse. Imagine if rogue actors tried to use its silent, deadly force to induce illness or to disable our political leaders.
Perhaps they already have.
Victims of this extrajudicial punishment network also see their finances and livelihoods expropriated and destroyed by coordinated “multi-agency action” “programs of personal destruction” that deny them due process of law while degrading their lives and destroying their families.
The IRS, under Bush-Cheney, has been transmogrified into an ideological weapon of social control and unjust punishment by these covert “multi-agency actions.”
Obama administration officials must address these abuses IMMEDIATELY, before these affronts to the Constitution destroy more American families — and subvert the Obama presidency.
The bureaucrats and officers behind these “programs of personal destruction” remain entrenched. They cannot be co-opted or rehabilitated. They have threatened and harassed those who demand that they take down their unconstitutional programs.
These programs surely have contributed to the nation’s economic crisis — and by extension, the world’s.
These betrayers of the Constitution must be removed from power and brought to justice.
http://my.nowpublic.com/world/gestapo-usa-govt-funded- vigilante-network-targets-terrorizes-u-s-citizens
http://my.now public.com/world/domestic-torture-radiation-weaponry-americas-horrific -shame
OR (if links are corrupted):
http://My.NowPublic.com/scrivener
Feb 6th, 2009 at 4:20am
Please help the hard working women of Lafayette College. Six women have come forth to stop sexual harassment at the college. The pervert responsible for sexually harassing these women was sentenced to 18 months probation in a plea bargain. How could such a plea bargain be available this scares me. The man accused of the harassment is basically walking away untouched. He got his rocks off for years at these women’s expense. This man was put in a position to protect the college, its employees, and its students. Below are the local newspapers links to the articles. Please help these women return to there jobs. These women were scared to come forth because the man responsible carried a gun and must have had some kind of connection with college considering he worked there for 20 years. Lafayette is trying to sweep this under the rug and its working. I hope the ACLU can help these women and make it known that these type of actions will not just be swept under the table.http://www.mcall.com/news/local/all-b4_3lafayette.6769281feb04,0 ,2728419.storyhttp://www.lehighvalleylive.com/easton/index.ssf/2009/02 /sixth_woman_files_civil_lawsui.html
Feb 7th, 2009 at 11:52am
May Universal Divine Blessings encircle the ACLU and all of it's great workers and helpers.
One of the last great organizations to protect us. Thank You.
For, without you, we'd all probably be in those new detention centers i keep hearing about.
No more secrecy! Thank you Obama for reducing the FOIA release times. It's important that people here and now can see what's going on and not just their children or grandchildren see the corruption, lies and false flags our Gov't spews.
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