Torture case dismissed

Not because of a lack of evidence. Oh no. Instead, it was dismissed because “private interests must give way to the national interest in preserving state secrets”.

They hate us for our freedom.

In other words, if your skin is swarthy and/or you’re a foreign citizen you have no rights. We can kidnap you in secret without reason and torture you, but it’s all ok, so long as “security” is involved. Nice how the judicial branch abdicates it’s responsibility, and cedes all authority to the executive branch.

I’d like to know how the hell the baldly illegal abuse of Khaled el-Masri makes us more secure?

Anyone feel like getting the opinion and sharing it?

I’d like to read it, but I’m not going to register with a CC to get the text.

This isn’t the America I used to know.

Here ya go.

This is the last document filed in the case, and the only one I can find available to download. Hmmm. Anyone have any Pacer query secrets to share?

It is important to emphasize that the result reached here is required by settled, controlling
law. It is in no way an adjudication of, or comment on, the merit or lack of merit of El-Masri’s
complaint. Nor does this ruling comment or rule in any way on the truth or falsity of his factual
allegations; they may be true or false, in whole or in part. Further, it is also important that
nothing in this ruling should be taken as a sign of judicial approval or disapproval of rendition
programs; it is not intended to do either. In times of war, our country, chiefly through the
Executive Branch, must often take exceptional steps to thwart the enemy. Of course, reasonable
and patriotic Americans are still free to disagree about the propriety and efficacy of those
exceptional steps. But what this decision holds is that these steps are not proper grist for the
judicial mill where, as here, state secrets are at the center of the suit and the privilege is validly
Finally, it is worth noting that putting aside all the legal issues, if El-Masri’s allegations
are true or essentially true, then all fair-minded people, including those who believe that state
secrets must be protected, that this lawsuit cannot proceed, and that renditions are a necessary
step to take in this war, must also agree that El-Masri has suffered injuries as a result of our
country’s mistake and deserves a remedy. Yet, it is also clear from the result reached here that
the only sources of that remedy must be the Executive Branch or the Legislative Branch, not the
Judicial Branch.
Accordingly, and for the reasons stated from the bench,
It is hereby ORDERED that the United States’ claim of the state secrets privilege is
It is further ORDERED that given the application of the privilege to this case, the United States’ motion to dismiss must be, and hereby is, GRANTED.
The Clerk is directed to send a copy of this Order to all counsel of record and to place this
matter among the ended causes.

Alexandria, Virginia T.S. Ellis, III
May 12, 2006 United States District Judge

For fucking fuck’s fucking sake.

Bob? Desslock? Cindy? comments?

I hope we survive until 2008.

I recommend you all read that entire document, it really is worth it.

Basically, you cannot ever sue the government for hurting you during the course of a secret operation. I found it interesting that there is no requirement that the secret operation be legal, only that the senate-confirmed appointee approve the secrecy request.

There is also a naked appeal to Congress to change this state of affairs in the section Arctangent quoted.

I don’t think a dismissal of this nature can be appealed, but I don’t know.

Thanks for the file, Arctangent.

“private interests must give way to the national interest…”

Is that facism or communism? I always get the two confused in this context…

Of course, reasonable
and patriotic Americans are still free to disagree about the propriety and efficacy of those
exceptional steps.

So now I have to be a patriot to disagree with the fucking government?

How tough are the citizenship requirments for Canada?

Maybe they are to busy weeping for once great nation that is lost.

If the Bush administration doesn’t end in Impeachment, then there is no justice in the world. If the republicans, who rolled over and voted the party line for all of this, maintain any semblance of power, there is no justice in the world. Id even say the same thing about the democrats who ‘support the president’, but I know they will just be lumped in with all the democrats who generally oppose him.

I would be more jaded and bitter about the whole thing, but I think I reached my maximum capacity for that long ago.

You can’t sue the government at all unless they give you permission.

The terrorists have won.


There is also a naked appeal to Congress to change this state of affairs in the section Arctangent quoted.

Like that would make a difference? Bush would attach a signing statement, talk about unitary executive, and ignore it.

This. Needs. To. End.

To be clear, this was a German citizen near the Albanian border who was taken to Afghanistan. He wasn’t protected by our Constitution in this case.

We still shouldn’t have done it, but it would be different if he was taken from a Holiday Inn in Kansas City.

As was pointed out in the illegal immigration thread/flamewar, not all the protections in the Constitution apply solely to US citizens.

This can be appealed, and may be overturned, but I doubt it. That judge clearly was not happy about this, and he still ruled that the secrecy is allowed.

My country tis of thee…

My country tis not free…

The citizenship test requires you to air guitar to “Tom Sawyer” by Rush. Special dispensation given if you want to air drum instead.

Would it be different? I have strong doubts anymore. There are a whole host of things that I once thought “couldn’t happen here”, but have come to pass.