Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged extraordinary rendition

Rss Feed Group items tagged

Paul Merrell

Globalizing Torture: CIA Secret Detention and Extraordinary Rendition | Open Society Fo... - 0 views

  • Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine “black sites” using torture techniques.
  • Globalizing Torture: CIA Secret Detention and Extraordinary Rendition Download the 216-page report. 1.08 MB pdf
  • Globalizing Torture is the most comprehensive account yet assembled of the human rights abuses associated with CIA secret detention and extraordinary rendition operations. It details for the first time what was done to the 136 known victims, and lists the 54 foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, Globalizing Torture makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
  •  
    Thorough and comprehensive review of what is known about more than 130 cases of CIA "extraordinary renditions" and torture. Report makes it clear that these practices continue under Obama. For the first time, identifies all of the 54 foreign governments that collaborated. Heavily referenced, written by experienced human rights lawyers.  This report comes as the Senate Select Committee on Intelligence is fighting CIA and Obama Administration efforts to delay publication of the Senate committee's multi-volume report on the same topic. 
Paul Merrell

Files on UK role in CIA rendition accidentally destroyed, says minister | World news | ... - 0 views

  • The British government's problems with missing files deepened dramatically when the Foreign Office claimed documents on the UK's role in the CIA's global abduction operation had been destroyed accidentally when they became soaked with water.In a statement that human rights groups said "smacked of a cover-up", the department maintained that records of post-9/11 flights in and out of Diego Garcia, the British territory in the Indian Ocean, were "incomplete due to water damage".The claim comes amid media reports in the US that a Senate report due to be published later this year identifies Diego Garcia as a location where the CIA established a secret prison as part of its extraordinary rendition programme. According to one report, classified CIA documents state that the prison was established with the "full cooperation" of the UK government.
  • Ministers of successive governments have repeatedly given misleading or incomplete information about the CIA's use of Diego Garcia. In February 2008, the then foreign secretary, David Miliband, was forced to apologise to MPs and explain that Tony Blair's "earlier explicit assurances that Diego Garcia had not been used for rendition flights" had not been correct. Miliband said at this point that two rendition flights had landed, but that the detainees on board had not disembarked.Miliband's admission was made after human rights groups produced irrefutable evidence that aircraft linked to the rendition programme had landed on Diego Garcia. Since then, far more aircraft have been shown to have been involved in the operation.The "water damage" claim was given in response to a parliamentary question by the Tory chair of the Treasury select committee, Andrew Tyrie, who has been investigating the UK's involvement in the rendition programme for several years.
  • The British government is particularly sensitive about the allegations that Diego Garcia hosted one of the CIA's prisons, at times claiming that it knows only that which it is told by Washington. Although the island has operated as a US military base since the islanders were evicted in the 1960s, it remains a British territory, and its use during the rendition programme would have placed the UK in breach of a raft of international and domestic laws.Belhaj and his wife are suing MI6, the agency's former head of counter-terrorism Sir Mark Allen and Jack Straw, who was foreign secretary at the time that the couple were abducted.Last month, the Commons cross-party defence committee suggested that information about the extent to which the CIA used the island as a "black site" to transfer detainees was still being withheld. "Recent developments have once again brought into question the validity of assurances by the US about its use of Diego Garcia," it said.The committee warned that it will assess the implications for Britain and for "public confidence" in its previous statements on US use of Diego Garcia, and said the US should not in future be permitted to use the island, to transfer terror suspects, for combat operations, "or any other politically sensitive activity", without the explicit authorisation from the UK government.
  • ...1 more annotation...
  • Although Miliband told MPs that detainees had not been held on Diego Garcia, others have contradicted this assertion.Manfred Nowak, as United Nations special rapporteur on torture, said he had received "credible evidence from well-placed sources familiar with the situation on the island" that CIA detainees had been held there between 2002 and 2003.General Barry McCaffrey, a former head of Southcom, the US military's southern command, has twice stated publicly that Diego Garcia has been used by the US to hold prisoners, saying in one radio interview in May 2004: "We're probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq."In 2003, Time magazine quoted "a regional intelligence official" as saying that a man accused of plotting the 2002 Bali nightclub bombing was being interrogated on Diego Garcia. Five years later the magazine reported that a CIA counter-terrorism official said a high-value prisoner or prisoners were being held and interrogated on the island.In August 2008, the Observer reported that former US intelligence officers "unofficially told senior Spanish judge Baltasar Garzón that Mustafa Setmarian, a Spanish-based Syrian accused of running terrorist training camps in Afghanistan, was taken to Diego Garcia in late 2005 and held there for months".
Paul Merrell

Britain faces exposure over links to CIA secret torture sites | World news | The Observer - 0 views

  • US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11
  • The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.
  • Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."
  • ...2 more annotations...
  • Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.
  • "The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.
Paul Merrell

WikiLeaks - NSA Helped CIA Outmanoeuvre Europe on Torture - 0 views

  • Central to today's publication is a Top Secret NSA intercept of the communications of Foreign Minister Steinmeier. The intercept dates from just after an official visit to the United States on 29 November 2005, where FM Steinmeier met his US counterpart, Secretary of State Condoleezza Rice. According to the intercept, Steinmeier "seemed relieved that he had not received any definitive response from the U.S. Secretary of State regarding press reports of CIA flights through Germany to secret prisons in eastern Europe allegedly used for interrogating terrorism suspects." The visit occurred in the context of an escalating and ongoing scandal in Europe over clandestine "rendition flights" conducted by the Central Intelligence Agency (CIA) using the airspace and airport facilities of cooperating European countries, in which it was alleged by leading news publications that European citizens and residents had been abducted outside of any legal process and taken to secret "black site" prisons, where they could be tortured with impunity. After the scandal emerged, European governments defied their publics, continuing to cooperate with the United States while denying all knowledge of rendition flights. These denials relied heavily on the insistence of European governments that they had received confidential "diplomatic assurances" from the United States that nothing illegal was taking place. It was subsequently shown in numerous court proceedings and commissions of inquiry that the activity was illegal. At the time of Steinmeier's meeting, reports of CIA rendition flights through Germany had recently emerged, and were publicly dismissed as unconfirmed by German authorities.
  • In the years since 2005, successive investigations by human rights groups and international bodies, such as the Council of Europe, have substantiated that extraordinary rendition was indeed occurring. In 2007 the European Parliament approved a finding in a report by a special investigative committee where it was stated that Germany, among other states, aided or knew about the CIA's extraordinary rendition programme. Prior to becoming Foreign Minister in 2005, Frank-Walter Steinmeier served as Head of Chancellery (Chief of Staff) in the government of Chancellor Gerhard Schroeder, where he was responsible for coordinating the work of German intelligence agencies. In 2004, during this tenure, Khaled El-Masri, a German citizen, was abducted by the CIA and renditioned to a black site in Afghanistan where he was interrogated and tortured for four months. Eventually the CIA realised that it had the wrong "El-Masri", and dumped the German on a desolate road in Albania and began a cover-up. El-Masri's case has been substantiated and confirmed in numerous inquiries, and at the European Court of Human Rights.
  • Today's publication of the 20 target selectors adds to the previous WikiLeaks publication of 125 German numbers targeted by the NSA, showing systematic mass spying on the Chancellor and the Chancellery (All the Chancellor's Men, 8 July) and German politicians and officials handling economic, trade and financial affairs (The Euro Intercepts, 1 July).
  •  
    Hmmmm.... I don't remember anything in the Senate Intelligence Committee's published executive summary on CIA torture about the CIA getting an assist from NSA on its rendition and torture projects. 
Paul Merrell

Council of Europe human rights chief urges full probe of CIA renditions - RT News - 0 views

  • The EU and the US should fully investigate the CIA’s “extraordinary” and “lawless” rendition program, the Council of Europe’s human rights commissioner said in a statement marking the 12th anniversary of the 9/11 attacks.
  • He urged the court to further expose “the lawlessness that has characterized the CIA program” by examining complaints lodged by Guantanamo Bay detainees Abu Zubaydah and Al Nashiri against Poland and Lithuania, and Poland and Romania, respectively. The suspected terrorists, both of whom are being held in the Guantanamo prison camp, claim that the aforementioned states had failed to properly conduct investigations “into the circumstances surrounding their ill-treatment, detention and transfer to the USA.” Citing a report published by Open Society Justice Initiative, Muižnieks added that 25 European countries have collaborated with the CIA, but Italy was the only state thus far to hand down a conviction for the kidnapping and rendition of a Muslim cleric.
  • “It is imperative to take urgent political and judicial initiatives in member States to lift the veil of secrecy Governments have drawn over their responsibilities,“ Muižnieks said in a call to action. “The CIA program of rendition and secret detention is not simply a grave political mistake: it is above all a serious violation of fundamental human rights. The continued impunity breeds contempt for democracy and the rule of law, as well as disrespect for the victims and values in whose name the fight against terrorism was carried out. It is high time to set the record straight.” The efficacy of Muižnieks’ call remains to be seen, as the Council of Europe is a separate body from the European Union and its 47 members include Russia and other non-EU members.
  • ...2 more annotations...
  • All Council of Europe members subscribe to the jurisdiction of the European Court of Human Rights, which in its landmark judgment “El-Masri v. the former Yugoslav Republic of Macedonia,” held Macedonia responsible for the abduction and torture of German car salesman Khaled El-Masri. Masri was forcibly taken to Afghanistan and set free only after the CIA admitted he had been taken by mistake, Gabriele Steinhauser wrote for the Wall Street Journal. In interview with The Voice of Russia, Muižnieks said the West cannot sacrifice its “own values and human rights on the altar of national security.”
  • Up to 54 foreign governments aided the CIA in its operations in a variety of ways, including hosting CIA black sites on their territories, detaining, interrogating and torturing suspects, allowing the use of domestic airspace and airports for secret flights transporting detainees, and providing intelligence which aided efforts to the detain and rendition individuals.
Paul Merrell

The Torture Chronicle | The American Conservative - 0 views

  • If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.
  • The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.
  • What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.
  • ...2 more annotations...
  • There are also other good reasons to oppose torture and torture by proxy through CIA rendition. Most people and governments worldwide believe that torture is immoral, a view that is generally shared by most Americans. Legally there is also a long tradition condemning torture. German and Japanese officers were executed after the Second World War for torturing prisoners and the principle was firmly established that torture, specifically including waterboarding, is a war crime. The US is signatory to the UN’s anti-torture convention and both the United States Code and specific acts of congress require prosecution of any government employee engaging in such activity. In practical terms, torture also opens up a door that should never be opened by anyone who genuinely cares about US soldiers, diplomats, and intelligence officers stationed at their peril around the world. To put it succinctly, if we do it to them, they will do it to us.
  • Torture advocates have assiduously cultivated a number of myths, most prominent of which is the “ticking time bomb.” This is a particular favorite of the redoubtable Alan Dershowitz and a number of prominent neocons. It goes like this – a terrorist is captured who has knowledge of an impending attack on a major civilian target, but he won’t cooperate. How to get the information?  Simple. Get an accommodating judge to issue a legal finding that enables you to torture him until he talks, thereby saving lives of innocent civilians. The only problem with the Dershowitz narrative is that there has never been an actual ticking time bomb. No terrorist has ever been captured, subjected to torture, and provided information that foiled an attack, not even in Israel where routine torture of suspected terrorists captured in flagrante used to be the case (but is now illegal). Advocating a policy of torture, with all that entails, based on a “what if” is fighting evil with more evil, not a solution.
  •  
    The "ticking time bomb" justification for extraordinary rendition and torture holds no water under the U.S. Constitution. Consider the situation of a person suspected of kidnapping a child who may still be alive; might government lawfully discard the suspect's right to remain silent, the presumption of innocence, and the right to trial by jury in order to torture the suspect for information about the child's whereabouts? Our Constitution commands otherwise. 
Paul Merrell

What is no longer classified? (and what does it portend for the credibility of governme... - 0 views

  • The prosecution’s motion to amend the protective order in the 9/11 military commission is finally posted.  As I discussed here, Judge Spath has granted a similar motion in the al-Nashiri case.  Judge Pohl has yet to rule on this motion in the 9/11 case because the defense apparently intends to file at least one response to it. In an earlier post I explained why I think this development is very welcome and overdue. There’s another very noteworthy thing about the prosecution’s motion, as well:  It enumerates those categories of information about the CIA’s rendition/detention/interrogation program that are no longer classified at all, and that therefore presumably can now be discussed even by those (unlike the detainees) who were properly subject to restrictions on disclosing such matters–including information about the treatment of all 119 individuals who were in CIA custody, to wit:
  • • The fact that the former RDI Program was a covert action program authorized by the President in the September 17, 2001 Memorandum of Notification; • General allegations of torture by high-value detainees, unless such allegations reveal the identities (e.g., names, physical descriptions, or other identifying information) of CIA personnel or contractors, the locations of detention sites (including the name of any country in which the detention site was allegedly located), or any foreign intelligence service involvement in the detainees’ capture, rendition, detention, or interrogation; • The names and descriptions of the thirteen Enhanced Interrogation Techniques (EITs) that were approved for use, and the specified parameters within which the EITs could be applied;
  • • The techniques themselves as applied to the 119 individuals mentioned in Appendix 2 of the SSCI Executive Summary acknowledged to have been in CIA custody; • Information regarding the conditions of confinement as applied to those 119 individuals; • Information regarding the treatment of those 119 individuals, including the application of standard interrogation techniques; and • Information regarding the conditions of confinement or treatment during the transfer (“rendition”) of the 119 individuals.
  • ...1 more annotation...
  • This is important for several reasons, not least of which is that it might mean that it is now permissible to release the vast majority of the complete, 6000-or-so-page SSCI Report. One other thing:  The motion relates that in April 2012, in support of the Government’s motion requesting that Judge Pohl issue the protective order, the accompanying declarations of government officials set forth the “grave harm to national security that unauthorized disclosure of such information would cause.”  I think it’s fair to say, now that such information has been disclosed, that these alarms were unwarranted and ill-advised.  No grave harm has befallen the nation.  And so it appears, at least, as though there never was a very good reason why these important categories of information about the RDI program could not and should not have been disclosed years ago.
  •  
    But what about "extraordinary rendition?"
Paul Merrell

The Latest European Court of Human Rights Ruling on Accountability for Torture | Just S... - 0 views

  • In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.
  • The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)
  • The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.
  • ...2 more annotations...
  • Nasr also advances the jurisprudence surrounding a state’s duty to conduct an effective domestic investigation into torture. The Strasbourg Court noted that Italian courts had conducted a detailed investigation and that the evidence disregarded by Italy’s highest court on grounds of state secrecy had been sufficient to convict the five Italian military intelligence defendants. It further observed that because the evidence inculpating those defendants had been widely available in the press and on the Internet, the court’s invocation of state secrecy doctrine was not only unpersuasive, but designed to grant impunity to the defendants. Further, the Strasbourg Court noted that the Italian government had never sought the extradition of the convicted CIA agents. As result, the court ruled that despite the efforts of Italian investigators and judges, which had identified the responsible individuals and secured their convictions, the domestic proceedings failed to satisfy the procedural requirements of article 3 of the European Convention (prohibiting torture and other ill-treatment), due to the actions of the executive. This ruling is important because it imposes liability not only where a state takes no steps towards a genuine domestic investigation and prosecution (as in El-Masri and Al-Nashiri/Husayn), but also where efforts by a state’s judges and prosecutors are thwarted in the name of state secrecy.
  • The ECtHR’s rulings on the CIA torture program also highlight the continued absence of accountability in the United States. The US has failed both to conduct an effective criminal investigation of those most responsible for CIA torture and to provide any remedies to victims. In fact, the Obama administration has vigorously opposed the latter at every turn, invoking the same sweeping state secrecy doctrines the ECtHR rejected in El-Masri and Nasr. These rulings will likely catalyze future litigation before the Strasbourg Court and in European domestic courts as well. (Recent actions filed against Germany for its participation in US targeted killings through use of the Ramstein Air Base provide one example of such litigation.) While the ECtHR’s rulings may not spur further efforts in the United States, they reinforce the perception of the United States as an outlier on the important question of accountability for human rights violations.
Paul Merrell

UK urged to tell all on US rendition flights | World news | The Observer - 0 views

  • Human rights groups seeking to confirm the use of a British overseas territory as a US secret prison have uncovered evidence previously undisclosed to the government confirming that more planes were involved in the extraordinary rendition of terrorist suspects around the world than had been admitted.The revelation has raised fresh questions about the role played by Diego Garcia, an atoll in the Indian Ocean leased to the Americans and which campaigners allege has been used to hold suspects out of sight of lawyers and in contravention of basic human rights.
Paul Merrell

Human rights court turns down Polish govt request to keep CIA jail hearing closed - RT ... - 0 views

  • The Polish government’s request to the European Court of Human Rights to prohibit the press and public from attending a hearing investigation on whether the US kept a CIA prison on Polish soil has been rejected. The public hearing is scheduled for December 3 in Strasbourg, France and will be the first time that allegations stating that the US intelligence agency used rogue “black sites” in Poland for its “extraordinary rendition” program are heard publicly. The US is accused of illegally detaining Al-Qaeda terror suspects and using torture to interrogate them in a forest in northern Poland.
  •  
    Predictable result: the hearing will be public. So starting December 3, we should be getting more details on CIA "extraordinary renditions," referred to as "forced disappearances" in international law. 
Paul Merrell

Poland asks European court to hide CIA secret torture prison case from public - RT News - 0 views

  • Poland has asked the European Court of Human Rights to bar media and public presence during an upcoming hearing on Poland’s complicity with the CIA’s “extraordinary rendition” program that delivered terror suspects to secret prisons around the world. The public hearing in Strasbourg, France, scheduled for Dec. 3, will be the first arguments testing allegations that the Polish government allowed the CIA to operate a jail for supposed Al-Qaeda fighters in Poland. The request for a private hearing “will be examined by the court shortly,” a court spokesperson told Reuters. Poland cited national security concerns as to why it wants the hearing to remain confidential.
  • "We should have the right to review this case in public," said Adam Bodnar, vice president of the Warsaw-based Helsinki Foundation for Human Rights. "I do not see a reason for confidentiality of proceedings." Bodnar added that most of the evidence about the alleged CIA jail is already public, and keeping it secret is pointless now. His organization was instrumental in uncovering evidence of Poland’s cooperation with the agency.
  • The European Court of Human Rights (ECHR) case was brought by lawyers for Abu Zubaydah and Abd al-Rahim al-Nashiri, both now detainees waiting for charges at Guantanamo Bay.
  • ...2 more annotations...
  • The men allege they were kidnapped and held by the CIA at an intelligence training facility near Stare Kiejkuty, in northeast Poland. There, suspects “were subjected to enforced disappearance and tortured between 2002 and 2005,” Amnesty International said. Nashiri claims that while at the Polish site, he was subjected to torture, or “enhanced interrogation techniques,” and other harsh treatments, “such as ‘mock execution’ with a gun and threats of sexual assault against his family members,” Amnesty reported. Zubaydah was waterboarded 83 times in one month while in secret CIA detention.
  • Hosting such a secret prison violates the European Convention on Human Rights and the UN Convention Against Torture, both of which all European Union member states are bound to follow.
  •  
    I'll be surprised if the gag order is granted. The European Court of Human Rights has already handled a prior case involving CIA extraordinary rendition of a German citizen, holding the former Yugoslavian Republic of Macedonia liable for collaboration. That case was handled publicly and its public decision stands as a milestone indictment of the CIA's methods of waging War on Terror. http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-115621  
Paul Merrell

European Parliament to investigate CIA's torture and rendition operations in EU | The B... - 0 views

  • The European Parliament today voted to investigate the extent of the CIA’s detention, torture and rendition programme in EU countries. The decision comes two months after the US Senate intelligence committee published a redacted summary of its six year investigation into the CIA’s detention and interrogation programme. The European Parliament’s committees on civil liberties, foreign affairs and human rights previously investigated the CIA’s programme in 2006, and they will now resume their inquiry with new details from the Senate’s report. Passing today’s resolution, MEPs said the summary “reveals new facts that reinforce allegations that a number of EU member states… were complicit in the CIA’s secret detention and extraordinary rendition programme, sometimes through corrupt means based on substantial amounts of money provided by the CIA in exchange for their cooperation”. Romania, Poland and Lithuania are widely known to have hosted CIA black sites, along with those in Afghanistan, Thailand and Guantánamo Bay.
  • In the first case of its kind last July, the European Court of Human Rights considered whether Poland had been complicit in the detention and transport of two CIA detainees, Abu Zubaydah andAbd al-Rahim al-Nashiri.
  • The motion passed today also encouraged the release of the report in full, without “excessive and unnecessary” redactions. References to individual countries were redacted in the summary on grounds of national security. Today’s resolution was approved by 363 votes to 290, with 48 abstentions.
  • ...2 more annotations...
  • Poland’s complicity in CIA torture programme confirmed as European Court rejects Warsaw’s appeal
  • CIA torture report: An interactive timeline of who’s who in government January 30, 2015 by Gesbeen Mohammad An aid for people reading the Senate summary report and stories in this Bureau project.
  •  
    The Grand Chamber of the European Court of Human Rights just rejected Poland's request for reconsideration, ending the litigation. 
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
  • ...4 more annotations...
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
  •  
    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
Paul Merrell

Portuguese court rules to extradite ex-CIA agent to Italy - Bluefield Daily Telegraph: ... - 0 views

  • LISBON, Portugal (AP) — A Portuguese court has ruled that a former CIA operative convicted of kidnapping an Egyptian cleric as part of an extraordinary renditions program should be turned over to Italy to serve her six-year sentence there, a court official said Friday. The decision to extradite Sabrina De Sousa after her arrest last October was handed down on Tuesday, the president of the court in Lisbon, Luis Vaz das Neves, told The Associated Press. De Sousa, who operated under diplomatic cover in Italy, was among 26 Americans convicted in absentia for the kidnapping of Milan cleric Osama Moustafa Hassan Nasr, known as Abu Omar, in broad daylight from a Milan street on Feb. 17, 2003. Extraordinary renditions were part of the Bush administration's "war on terror" after the Sept. 11, 2001, attacks. The Egyptian cleric's kidnapping, which also implicated Italy's secret services, has proven embarrassing to successive Italian governments. De Sousa, who was born in India and holds both U.S. and Portuguese passports, was initially acquitted due to diplomatic immunity, but was found guilty by Italy's highest court in 2014. She was arrested at Lisbon Airport on a European warrant last year as she was on her way to visit her elderly mother in India with a round-trip ticket.
  • Authorities seized her passport and set her free while awaiting the court decision on her extradition. Manuel Magalhaes e Silva, De Sousa's Portuguese lawyer, told the AP in an email he was officially informed of the extradition decision Friday and intends to lodge an appeal at the Supreme Court. If that fails, he will go to the Constitutional Court, he said. De Sousa has argued against extradition to Italy, telling a Portuguese court after her arrest that Italian authorities tried her in absentia and never officially notified her of her conviction, according to Vaz das Neves. All of the Americans were tried in absentia and were represented for most of the proceedings by court-appointed lawyers who had no contact with their clients. Only toward the end of the trial did De Sousa and another defendant, a member of the military, receive clearance to hire their own lawyers. The Lisbon judge ruled that De Sousa should be sent to Italy so she can be notified of the conviction and possibly demand another trial, Vaz das Neves said. The judge also ruled that if De Sousa accepts her prison sentence, she must be allowed to serve it in Portugal if she wishes, which is possible under European legal procedure, according to Vaz das Neves. De Sousa has said that she had been living in Portugal and intended to settle there.
  • De Sousa has denied in interviews participating in the rendition and has said she wants to hold the CIA accountable. "If she truly arrives in Italy, she could finally choose to say to magistrates what she so far has only said in interviews," said the lead prosecutor in the case, Armando Spataro. De Sousa has requested a pardon from Italy. Earlier this month, in an act of clemency, Italy's president reduced the sentences of two others convicted in the case. President Sergio Mattarella reduced former CIA base chief Robert Seldon Lady's sentence to seven years from nine. Mattarella also wiped out the entire penalty — three years — faced by another American, Betnie Medero. After being kidnapped Nasr was transferred to Egypt where he claimed he was tortured. After he was released from Egyptian custody, Italian authorities in 2005 issued an arrest warrant for him. He was convicted in absentia by an Italian court in 2013 on decade-old terror charges and was sentenced to six years in prison, although he never returned to Italy to serve the sentence.
Paul Merrell

Ex-CIA Rome chief gets jail term in "rendition" trial - chicagotribune.com - 0 views

  • An Italian appeals court on Friday sentenced a former CIA station chief to seven years in jail for the kidnap of an Egyptian Muslim cleric during the U.S. government's "war on terror" waged by former president George W. Bush. The Milan court also handed down two six-year sentences to two American officials for the same crime, the first of so-called "extraordinary rendition" operations organized by the United States. The cleric, an Egyptian imam known as Abu Omar, was snatched from a Milan street and flown to Egypt for interrogation, where he says he was tortured for seven months. He was resident in Italy at the time of the abduction.
  • Former Rome CIA station chief Jeffrey Castelli and the two other defendants were tried in their absence and are unlikely to serve their sentences, but they may be unable to travel to Europe without risking arrest. The judgment overturned a previous ruling by a lower court, which aqcuitted the three on grounds of diplomatic immunity. Castelli was among 26 U.S. nationals indicted by Italian authorities for their involvement in the 2003 kidnap. Last September Italy's highest court upheld guilty verdicts on 22 CIA agents and one Air Force pilot for the kidnapping.
Paul Merrell

Turkish WikiLeaks Cache Links AKP and Libya's Al-Qaeda Chief Belhaj - nsnbc internation... - 0 views

  • WikiLeaks released about 300,000 e-mails styled to Turkey’s ruling AKP. While no link to the “failed” military coup on July 15 was discovered, the cache contains mails suggesting that Libyan Al-Qaeda leader AbdelHakim Belhaj reached out to acquire help with laundering and investing funds stolen from the ousted Libyan government in 2011. The former “victim of US rendition” later hobnobbed with celebrities like U.S. Senator John McCain.
  • WikiLeaks released a cache with 294,548 emails on Tuesday. All of the emails which were released were attributed to Turkey’s AKP at akparti.org.tr, which is the primary domain of Turkey’s ruling party. The mails cover a period from 2010 up until July 6, 2016. That is, a few days before the “failed” military coup on July 15. An initial search has not resulted in the discovery of mails that would suggest foreknowledge about the coup and it is not sure that it will. After all, who would post mails about such a highly sensitive issue over a relatively unsecured party server, or over the internet in general. Although, after the FBI concluded that former U.S. Secretary of State Hillary Clinton sent and received mails on issues that were classified Top Secret / Compartmentalized via a personal e-mail server, one would not be surprised if there were mails about the upcoming coup in the cache. Time will show. A brief search for “buzz words” that reflect Turkey’s role in the so-called Arab Spring and the wars in and against Libya and Syria, however, gave an immediate “bonus” result.
  • One of the mails styled to a AKP member via the party server appears to have been sent from AbdelHakim Belhaj. Belhaj was up until the overthrow of the Libyan government in 2011 the chief of the Libyan Al-Qaeda franchise the Libyan Islamic Fighting Group (LIFG). After the overthrow of the Libyan government, Belhaj (Belhadj) would become the chief of the Tripoli Military Council and hobnob with celebrities like U.S. Secretary of State Hillary Clinton and US. Senator John McCain. Not bad, for someone who previously has been through the treadmill of the United States’ illegal extraordinary rendition program. Belhadj is today one of the most controversial figures in Libyan politics and, according to many, one of the main stumbling blocks on a road to peace and reconciliation. It is noteworthy that Abdelhakim Belhaj (Belhadj) and his second in command in the LIFG, Mahdi Al-Harati, have been linked to the British intelligence service MI6. Al-Harati would after 2011 move on to Syria. In 2012 al-Harati led two major campaigns of the so-called Libyan Brigade against the Syrian Arab Army from Jordan. Both campaigns failed at ousting the Syrian government, but increased the chaos in the country.
  • ...1 more annotation...
  • The defeat of the about 20,000 strong Libyan Brigade and other, predominantly Muslim Brotherhood linked “rebels” in 2012 would lead to the influx of Salafi / Wahhabi fighters in 2013, as outlined in a detailed report entitled “Tentative Jihad” published by the International Crisis Group. Ironically, McCain would later appear on a photo, taken in a safe house in Idlib, Syria, meeting with Ilamic State leader al-Baghdai (a.k.a. al-Bhadri or Caliph Ibrahim). Links between the AKP and the LIFG have been alleged since 2011. The email discovered in the WikiLeaks cache, however, may be the first that substantiates a direct link between a member of the AKP and Belhaj. Because Turkey has blocked access to WikiLeaks, and because the website allegedly has been subject to a sustained cyber attack, we will re-publish the email in its entirety here:
Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murp... - 0 views

  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
  • ...3 more annotations...
  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
  •  
    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
Gary Edwards

10 Reasons The U.S. Is No Longer The Land Of The Free « JONATHAN TURLEY - 1 views

  •  
    Constitutional legal scholar Jonathan Turley examines the unconstitutional changes the Federal government has instituted since 911.  Chilling stuff.  Here is the short list: .. Assassination of US Citizens .. Arbitrary Justice .. Warrantless Searches .. Secret evidence .. Secret courts .. War crimes (violations of the Nuremberg principles of International Law) .. Immunity from judicial review ..Continual (and warrantless) monitoring of citizens .. Extraordinary renditions Turley asks how can we continue to consider America the land of the free when the Federal government continues to compromise our freedoms on a scale only seen in despotic military tyrannies?  Like China, Cuba and Pakistan?   I've been following the post and comments of the Bay Area Patriot group, a local Tea Party offshoot.  It's incredible how so many members continue to be swept up in 911 mania, demanding more military actions in more places.  As if the ten years of war in Afghansitan and Iraq have left our country safe in our way of life and secure in our freedoms.  Just the opposite is happening, as Professor Turley so thoroughly details.  Yet, they cry for more war.  Then proudly claim their status as Tea Party Patriots taking action to restore America and USA Constitution.   What was Einstein's definition of insanity?  :) excerpt: The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free.  If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: "The beginning of wisdom is to call things by their right names."  We seem as a country to be in denial as to the implications of these laws and policies.  Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Paul Merrell

Craig Murray » Blog Archive » UK Moves to Block US Senate Report to Protect B... - 0 views

  • From a British diplomatic source I learn that Britain has lobbied the United States against the publication of the Senate Intelligence Committee report on torture and extraordinary rendition.  The lobbying has been carried out “at all levels” – White House, State Department and CIA.  The British have argued that at the very least the report must be emasculated before publication. The British argument is that in a number of court cases including the Belhadj case, the British government has successfully blocked legal action by victims on the grounds that this would weaken the US/UK intelligence relationship and thus vitally damage national security, by revealing facts the American intelligence service wish hidden.  [We will leave aside for the moment the utter shame of our servile groveling judges accepting such an argument].  The British Government are now pointing out to the Americans that this argument could be fatally weakened if major detail of the full horror and scope of torture and extraordinary rendition is revealed by the Senate Intelligence Committee.  The argument runs that this could in turn lead to further revelations in the courts and block the major defence against prosecutions of Blair, Straw and Dearlove, among others, potentially unleashing a transatlantic wave of judicial activism. The unabashed collusion of two torturing security states in concealing the truth of their despicable acts – including complicity in the torture of women and minors – and blocking criminal prosecution of the guilty is a sign of how low public ethics have sunk.  Fortunately there are still a few people in the British Foreign Office disgusted enough to leak it.
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
  • ...9 more annotations...
  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  •  
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
1 - 20 of 33 Next ›
Showing 20 items per page