Challenge to CIA renditions dismissed
Appeals court rejects suit against Boeing subsidiary that flew suspects
Associated Press
September 8, 2010
SAN FRANCISCO — Handing a significant victory to the Obama administration, a sharply divided federal appeals court on Wednesday dismissed a lawsuit challenging Boeing Co.'s role in flying terrorism suspects to secret prisons around the world in the CIA's "extraordinary rendition" program.
The Bush administration was widely criticized for its practice of extraordinary rendition — whereby the CIA transfers suspects overseas for interrogation. Human rights advocates said renditions were the agency's way to outsource torture of prisoners to countries where it is permitted practice.
Judge Michael Daly Hawkins wrote for the five dissenting judges, who said the lawsuit was dismissed too quickly and that the men should be allowed to use publicly disclosed evidence to prove their case.
"They are not even allowed to attempt to prove their case by the use of nonsecret evidence in their own hands or in the hands of third parties," Hawkins wrote.
Ben Wizner, the American Civil Liberties Union lawyer who represents the five men, said he will ask the U.S. Supreme Court to take the case.
"If this decision stands," Wizner said, "the United States will have closed its courts to torture victims while extending complete immunity to its torturers."
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