Tag: extraordinary rendition

Obama Administration Wins in State Secrets Case

A split panel of the 9th Circuit Court of Appeals decided, on a 6-5 vote, that a lawsuit filed by extraordinary rendition and torture victims is barred by the State Secrets Privilege. Over a year ago, a three-judge panel ruled that the case should proceed with traditional application of the Privilege — individual pieces of evidence would be excluded based on their secret nature, but other evidence would remain available for litigation.

Robert Chesney has some thoughtful commentary on how the current state of the law deals with rule of law versus individual justice concerns. By any measure this is, as Glenn Greenwald notes, a broad victory for the government and further evidence of continuity between the Bush and Obama administrations’ approaches to terrorism.

Maher Arar

This week the U.S. Supreme Court declined to hear the appeal of Maher Arar, a dual-citizen of Syria and Canada who was seized by U.S. agents in September 2002 and deported to Syria under a policy of “extraordinary rendition.” Arar claims that Syrian agents tortured him for a year before letting him go. 

Glenn Greenwald, Dahlia Lithwick, and Talkleft discuss the case and related issues.