Sunday, October 21, 2007

U.S. asks court to dismiss lawsuit on secret flights ... [yet another use of the "national secrets" loophole to suppress law enforcement]

U.S. asks court to dismiss lawsuit on secret flights | By Adam Tanner Fri Oct 19, 9:03 PM ET

SAN FRANCISCO (Reuters) - The U.S. government asked a federal court late on Friday to dismiss a lawsuit against a unit of Boeing Co that charges the firm helped fly suspects abroad to secret prisons.
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"Allowing plaintiffs' claims to proceed would risk the disclosure of highly classified information concerning the alleged 'intelligence activities, sources, and methods' of the CIA," said the filing, signed by Acting Assistant Attorney General Jeffrey Bucholtz.
...
Those details "include whether any private entities or other countries assisted the CIA in conducting the program; the dates and locations of any detentions and interrogations; the methods of interrogation employed in the program; and the names of any individuals detained and interrogated by the CIA (other than fifteen individuals whose identities have been divulged so that they can be brought to trial)."

All of those details are secret and central to the case, and so cannot be litigated, the government argued.

In response, the ACLU said the victims of the program deserved their day in court.

"The whole world knows about the U.S. 'extraordinary rendition' program and the government's invocation of 'state secrets' in this case is just another cynical attempt by the administration to cover up an illegal and immoral program," said ACLU lawyer Steven Watt.

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