Supreme Court sidesteps lawsuit claiming CIA torture

For a presidential administration overwhelmed by humiliating mistakes, the Khaled el-Masri debacle is one of the most mortifying. Masri, a German citizen of Lebanese descent, was taken into custody in 2003 in a case of mistaken identity — he just happens to have a name similar to a terrorist sought by American officials.

Actually, “taken into custody” is the wrong phrase. He was abducted in Macedonia, drugged, beaten, and then flown to Afghanistan, where he faced more abuse. Five months of detention and torture later, the CIA, realizing they took the wrong man, dumped him in Albania. During those five months, Masri’s wife had no idea what had happened to him.

With help from the ACLU, Masri filed a lawsuit against the Bush administration, and the complaint described his treatment as “constituting prolonged arbitrary detention, torture and other cruel, inhuman, or degrading treatment.”

The Bush administration insisted that the federal courts dismiss the case, not because of the merits, but because, administration lawyers argued, to even respond to the lawsuit would require divulging state secrets. Today, the Supreme Court decided not to hear Masri’s case.

The Supreme Court on Tuesday terminated a lawsuit from a man who claims he was abducted and tortured by the CIA, effectively endorsing Bush administration arguments that state secrets would be revealed if the case were allowed to proceed.

Khaled el-Masri, 44, alleged that he was kidnapped by CIA agents in Europe and held in an Afghan prison for four months in a case of mistaken identity.

The administration has not publicly acknowledged that el-Masri was detained, and lower courts dismissed his suit after the administration asserted that state secrets would be revealed if the lawsuit were not blocked. The justices rejected his appeal without comment.

The ACLU said “the entire world already knows” the information the government said it is seeking to protect. Solicitor General Paul Clement said Masri’s lawyers were making an “extravagant request.” By turning down the case, the administration’s position stands.

That’s not good news.

For one thing, Bush’s approach to state secrets needs a court hearing.

This is unfortunate. Far from being “extravagant,” this was an ideal opportunity to take a fresh look at a badly-constructed precedent that cries out for reexamination. The Bush administration has invoked the state secret privilege at triple the rate of any previous administration, and they don’t use it solely to get specific pieces of evidence tossed out. They use it, as they’re doing with el-Masri case, to keep cases from coming to trial at all, and they’re almost certainly doing it as much to prevent the release of merely embarrassing information as they are to prevent the release of genuine secrets.

For another, if anyone deserved to have his case heard, it was Masri. From a Reuters article that is no longer online.

Masri said that he was repeatedly beaten, kicked, photographed naked and forced to live in a cement cell with a filthy blanket for a bed. He said he was given brackish water to drink and boiled chicken bones to eat.

“When the door was closed, I was beaten from all sides,” Masri said in describing events he says occurred just before he was dragged aboard the plane to Afghanistan. “I was humiliated and I could hear that I was being photographed when I was completely naked … They put chains to my ankles and a sack over my head, just like the pictures I have seen of Guantanamo,” Masri added.

Josh Patashnik added, “You’d think if it really were a case of mistaken identity, the Bush administration would want to just pay him whatever damages he’s asking for and dispose of the whole thing, rather than going through the trouble (and bad publicity) of fighting him in the courts, even if they’ve ended up winning. But apparently not.”

I’m sorry, CB, but this entire post must be mistaken. After all, we do not torture.

  • “You’d think if it really were a case of mistaken identity, the Bush administration would want to just pay him whatever damages he’s asking for and dispose of the whole thing…”

    Dear God, no! You pay off one brown man for this and, next thing you know, people of Arabic origin everywhere are lining up to get themselves kidnapped and tortured in order to set up their families financially.

  • ““You’d think if it really were a case of mistaken identity, the Bush administration would want to just pay him whatever damages he’s asking for and dispose of the whole thing, rather than going through the trouble (and bad publicity) of fighting him in the courts, even if they’ve ended up winning. But apparently not.””

    Nonsense…the Bush administration knows in advance that nothing will be done about it in the courts. Mention “state’s secrets” and out it goes. This would include murder and other atrocities. Tell me again the difference between Sadam and Bush, since we now know the CIA considers rape to be an interrogation technique.
    These people should be in prison…not running the country. Screw you Pelosi…it’d be different if it were your kids or family on the table.

  • When are we going to see this episode of 24?

    Justice Scalia would probably enjoy it.

    They don’t call him “Justice” for nothing.

  • and they’re almost certainly doing it as much to prevent the release of merely embarrassing information as they are to prevent the release of genuine secrets.

    This is what we have a court system for, after all- to prevent the embarrassment of people who won an election. If you can convince a few backwards hicks that releasing the info will lead to riots in the streets, that’s all you need to rule the world.

  • Robert’s SCOTUS and Bush’s presidency are defining us to the world for generations to come. Democratic authority has taken a real beating from these two, and the whole world is watching. -Kevo

  • The outrage continues. When will we see justice? Nancy Pelosi is a shameful and cowardly imitation of a human being. She alone could change things and she is too cowardly to proceed with impeachment. Without impeachment our national shame continues. And Bush’s packed Supreme Court is going to be around saying yes to power long after he is retired in the Bahamas.

  • Folks,

    This is perhaps the most shameful day in America’s history that I’ve lived through. Bush’s “state secrets” are illegal and unconstitutional. I think it’s time to get ready for really hard times now.

  • America’s Supreme Court has authorized torture by cleverly refusing to hear the case.

    I can’t believe it. This is the end of America to me.

    I know I’m double-posting, but one wasn’t enough.

  • Anney,

    You aren’t alone in your despair and disgust.

    No habeas corpus, no redress before a higher court, no law the President and his minions aren’t above.

  • Torture is not such a bad thing.
    If it was…
    The Dems in Congress would condemn it as quickly as they did MoveOn.org’s play on words.
    They haven’t…
    And so I conclude:
    Torture must not be such a bad thing.

    Listen carefully…
    because I am going nail Jesus to the cross again in the next 60 seconds:

    These are the ways we define the values that define us as a people.
    Minute by minute. Inch by inch. Day by day.
    Are you paying attention?
    Libby got set free…
    That told me something…
    That defined a US value for me…
    It’s okay to lie…
    And now I know:
    It’s okay to torture too…
    And it’s okay to ignore global warming…
    And it’s okay to cherry pick data…
    And it’s okay to cherry pick a General…
    And it’s okay to alter science data…
    And it’s okay to play footsie in a men’s room…
    And it’s okay to pound a whore…
    And it’s okay to get a deferment…
    And it’s okay to call people who don’t get deferments: Phony.
    And it’s okay to out a CIA agent…
    And it’s okay to believe dinosaurs were on the Ark…
    And it’s okay to have a war and not pay for it…
    And it’s okay to be VP who has Halliburton in his portfolio…
    And it’s okay to have an Energy Commission party on the public dime…
    And it’s okay not to tell the public how much fun it was…
    And it’s okay to shoot someone in the face and not have a blood test for alky…

    Etc.
    Etc.
    Etc.

    Which is all to say:

    Don’t dare tell me how to behave ever!
    I can do what I want…
    Where I want…
    When I want.
    To who I want…
    And if you don’t like it:
    Go fuck yourself with a Cheney doll!

    I learned all that from my government.

    I call it:

    The rule of law.

    And it’s made me a better person…

  • Th-th-th-that’s all, folks.

    As long as we have a lunatic authoritarian majority on the SCOTUS, we can be treated to this outrage at every opportunity. With no recourse possible. If a case is embarassing to Bush, no matter what the plaintiff went through, it’s not going to be heard because they might reveal “state secrets”. Even when we all know what happened.

    I’m not sure, but I think when historians look back on this period, they may say we officially re-entered the dark ages on 10-9-2007.

  • anney makes a crucial point here: there are no checks and balances when the administration hides behind the wall of “state secrets,” and yet many of these “secrets” involve criminal and unconstitutional behavior on their part. One cries out, in vain, “Mr. Supreme Court, tear down this wall!”

    But I’ve often thought that’s one of the loopholes in the Constitution, that the Supreme Court can sit back and pick and choose the cases it wishes to hear. There’s no check and balance, no oversight that they’re doing the job they’re supposed to be doing. There seems to be no criteria at all, but personal whim. It’s not a club, for chris sakes. It’s the Supreme Court.

  • The whole concept of the “state secrets defense” was a lie from the beginning, when families of Air Force crewmen killed in a crash where faulty maintenance was alleged were put out of court when the Air Farce claimed that to fight the case would involved revealing “state secrets.” 50 years later, when the facts finally came to light, the truth of that case was that the Air Farce had indeed been guilty as claimed, and responsible for the deaths of the crewmen, and had ducked and dodged to avoid being found responsible.

    It’s like everything else this government has ever done. You can’t believe them if they tell you it’s Monday, without three different calendars and five independent confirmations.

  • hark

    It’s Bush’s wet dream of a unitary executive become reality. Essentially the Supreme Court has set a precedent about the administration’s illegal behaviors — it will hear no case against the administration as long as the administration claims a defense of “state secrets” even if the action is illegal.

    So yes, as you say, in one fell swoop, this Supreme Court wiped out the Constitutional principle of checks and balances. Bush has always refused to honor subpoenas, sworn testimony, and supply documents for Congressional investigations. So Congress has been stymied in their attempts to get to the bottom of things. Now the Supreme Court has effectively destroyed the power of Congress AND the courts vis a vis anything Bush wants to keep secret.

    While this means the ghastly practice of torture can now be conducted by the administration with absolutely no fear of legal repercussions, in the US at least, an even more sweeping fall-out is that the refusal to hear the case has destroyed the balance of power among the three branches of government, placing it primarily in the Executive branch — just what Bush has dreamed of. I see the hand of Dick Cheney moving the pieces.

  • mullah cimoc say when pelosi wench woman talk the stephanopolous past sunday and admitting to know all the torture method because report to intel committee. she the so cruel and it eye so cruel too.
    mix in it plastic surgery for the stretch face and giant bosum and this some kind of the monster. this to punish ameriki man for become the feminize and pretty fingernail.

    in waziristan this woman not be allow outside house even if cover whole body. so obvious amerika this very moment be destroy. but history teaching amerika man now the so feminize and for this must so suffer usa people before change way and stop the torture and kill for masters in tel aviv. for him true info. stop1984now@yahoo.com

  • Oh, for goodness sake! *American* citizens have no recourse and no chance at justice, if they’re contrary enough to choose being born brown. And this is a *German* citizen. Remember Germany’s position in late ’02/early ’03? How much of a contribution did Germany make to the “coalition of the willing?” Zero, that’s how much. We may not have re-named our dogs “Freedom Shepherds” (The American Kennel Ass objected) but we might have and should have.

    I’m surprised anyone’s surprised. Why, do you think, Bush absolutely refuses to recognize the International Court (headquarters in the Hague)? Just for cases like this. If we participated, that’s where Masri would have taken his case, not to *our* courts. And stacking the court at the Hague would have been much more difficult than stacking SCOTUS…

  • God Help America because Bush Won’t Come on it’s time to stand up and demonstrate to save your constitution

  • They don’t call him “Justice” for nothing.

    I believe you … how much does it cost?

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