Court Sides With C.I.A. on Seizure of Terror Suspects

[Jeffersons Ghost]

Court Sides With C.I.A. on Seizure of Terror Suspects
By CHARLIE SAVAGE


WASHINGTON – A sharply divided federal appeals court on Wednesday dismissed a lawsuit involving the Central Intelligence Agency’s practice of seizing terrorism suspects and transferring them to other countries for imprisonment and interrogation. The ruling handed a major victory to the Obama administration in its effort to advance a sweeping view of executive secrecy power.

By a six-to-five vote, the United States Court of Appeals for the Ninth Circuit, reversing an earlier decision, dismissed a lawsuit against Jeppesen Dataplan Inc., a Boeing subsidiary accused of arranging flights for the C.I.A.’s “extraordinary rendition” program, as it is known. The American Civil Liberties Union filed the case on behalf of five former prisoners who say they were tortured because of the program – and that Jeppesen was complicit in their treatment.

Judge Raymond C. Fisher described the case as presenting “a painful conflict between human rights and national security.” But, he said, the majority had “reluctantly” concluded that the lawsuit represented “a rare case” in which the government’s need to protect state secrets trumped the plaintiffs’ need to have any day in court.

http://www.nytimes.com/2010/09/09/us/09secrets.html?_r=1&ref=global-home