Court dismisses case asserting torture by CIA

Source New York Times

A federal appeals court on Wednesday ruled that former prisoners of the C.I.A. could not sue over their alleged torture in overseas prisons because such a lawsuit might expose secret government information. The sharply divided ruling was a major victory for the Obama administration's efforts to advance a sweeping view of executive secrecy powers. It strengthens the White House's hand as it has pushed an array of assertive counterterrorism policies, while raising an opportunity for the Supreme Court to rule for the first time in decades on the scope of the president's power to restrict litigation that could reveal state secrets. By a 6-to-5 vote, the United States Court of Appeals for the Ninth Circuit dismissed a lawsuit against Jeppesen Dataplan Inc., a Boeing subsidiary accused of arranging flights for the Central Intelligence Agency to transfer prisoners to other countries for imprisonment and interrogation. The American Civil Liberties Union filed the case on behalf of five former prisoners who say they were tortured in captivity–and that Jeppesen was complicit in that alleged abuse. While the alleged abuses occurred during the Bush administration, the ruling added a chapter to the Obama administration's aggressive national security policies.