WASHINGTON (CNN) — A German citizen who alleges the CIA mistakenly kidnapped, detained and interrogated him was denied a hearing before the U.S. Supreme Court when the justices rejected his appeal for review Tuesday.
The German citizen is Khaled el-Masri, who was kidnapped in Macedonia on New Year’s Eve, 2003 by U.S. government agents and taken via secret “extraordinary rendition” to a prison in Afghanistan. El-Masri was beaten, humjiliated and drugged. When the U.S. could get nothing out of him, or recognized it was a case of mistaken identity — we don’t know because it’s a “state secret” — he was unceremoniously flown and dumped in a forest in Albania.
With the help of the American Civil Liberties Union, el-Masri sued the CIA and private air charter companies that operated the overseas flights. He sought monetary damages, a public apology and an explanation for why he was detained.
Lower federal courts all rejected el-Masri’s legal claims.
The U.S. government said acknowledging el-Masri’s detention or even discussing details of the program would compromise national security. In a legal brief filed with the high court, Justice Department lawyers wrote, “The United States can neither confirm nor deny petitioner’s allegations.”
The ACLU had called the government state secrets privilege in this case a hollow argument because President Bush publicly discussed that the United States was holding some terrorism suspects overseas in secret locations.
Let’s call it what it is. The secret police can arrest you. Should they throw you back, rather than hold you indefinitely, you have no recourse to clear your name or seek damages. Why? “State secrets” could be revealed. This is a government out of control, answerable in its actions to no one. It has revealed itself to be a fascist state in ovo.
[I will add, in a comment not made in my own blog’s story, that over at Daily Kos, not one of three or four diaries on this could muster more than about a couple dozen recommendations, so blinded they are as to whether the Democrats are good or bad today, with diaries back and forth on the same old bullshit, that they couldn’t make room or front page this story. I didn’t bother to try to post mind there and break some rule about diaried items. But for those interested, check out this one or this one, just to pick a few.]
Crossposted at Invictus
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Maybe someone like Armando would like to comment on this, or explain the ins and outs of the Alien Tort Law, which was the statute under which El-Masri brought suit.
And thanks for link to my dK diary. Sigh.
Started in the Clinton Administration.
It should go down as a prime example of ‘The Road to Hell’ being paved with good intentions.
And the eventual ‘decider’ on the issue of whether to start the program or not would probably surprise many in left blogistan.
Think ‘Inspiration for the lead in Love Story’ and ‘Robbed of the Presidency’.
One of my all time favorites, but he really screwed the pooch with that one.
over on the orange I posted a history of executive actions dating back to 1958 which give ultimate authority to the executive branch whenever they get in the mood for the big emergency (why not 9/11????).
The next comment said I was quoting an april fool’s diary.
I then tediously researched a good link for every single one of those executive orders. My main reason for leaving this comment, Valtin, is that you might find that string of links quite useful.
Following that, a guy writes
To which I posted the Halliburton contract for which cause the putative “April Fools Day” diary which features satellite images of halliburton camps in Wyoming. About that I can’t say much except that due to being born/raised in the area, I know both close friends and family who are… um… [censored].
Here is the granddaddy of them all: A postcard from Congressman Jim McDermott’s freak-out about some FEMA doings back in the days of Ollie North :
Souvenir for you:
I will insert the executive orders below here. In case you want the links for each and every one, you will find them attached in sequence in this comment on the orange:
These dignified deceptions will not suffice. We have had enough of power without truth. We don’t have to accept power without truth or leave the country. I don’t accept that alternative. I don’t intend to leave the country, and I don’t intend to accept power without truth. I intend to fight for the truth, and I suggest that not only is this not un-American but it is the most American thing we can do, because if the truth does not endure then our country will not endure — not in the way it was supposed to. In our country the worst of all crimes is when the government murders truth. If it can murder truth, it can murder freedom. If it can murder freedom, it can murder your own sons if they should dare to fight for freedom, and then announce that they were killed in an industrial accident or shot by the enemy, or God knows what.