Judge dismisses Masri torture case

Judge dismisses Masri torture case
12 minutes ago

WASHINGTON (Reuters) - A U.S. judge on Thursday dismissed a lawsuit against former CIA Director George Tenet by a German of Lebanese origin who says he was abducted and tortured by the American spy agency.

U.S. District Judge T.S. Ellis agreed with government arguments that moving forward with the case of Khaled el-Masri would risk national security by exposing state secrets about CIA activities vital to the U.S. war on terrorism.

"While dismissal of the complaint deprives el-Masri of an American judicial forum for vindicating his claims .... el-Masri's private interests must give way to the national interest in preserving state secrets," Ellis wrote in a 17-page ruling.
(snip/)

http://news.yahoo.com/s/nm/20060518/ts_nm/security_usa_masri_dc;_ylt=A0SOwlrZ3GxEYFQBwhJZ.3QA;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--

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Earlier story, from May 12:

US urges judge to dismiss German's CIA abduction claim (Roundup)
By Tony Czuczka May 12, 2006, 20:11 GMT

Washington - The US government urged a judge Friday to dismiss a German citizen's lawsuit that claims he was kidnapped, imprisoned and tortured by the CIA because the US mistakenly believed he was a terror suspect.

The lawsuit by Lebanese-born Khaled El-Masri charges former CIA director George Tenet and three US-based aviation companies with breaking US and international law, drawing attention to highly disputed US practices in the fight against terrorism.

At a hearing Friday, the US government asked District Judge Thomas S. Ellis III to throw out the case, arguing that a trial would risk exposing state secrets. Ellis said he would rule soon on whether the case should go ahead.

The American Civil Liberties Union (ACLU), a human rights group representing El-Masri, called the government's secrecy argument 'very dubious' because his allegations have been widely reported.

'That argument adds insult to injury,' ACLU lawyer Ben Wizner, who argued El-Masri's case at Friday's hearing, told reporters in a conference call after the hearing in Alexandria, Virginia.
(snip/...)

© 2006 dpa - Deutsche Presse-Agentur

http://news.monstersandcritics.com/northamerica/article_1163575.php/US_urges_judge_to_dismiss_Germans_CIA_abduction_claim__Roundup_

No one can touch them

I must have missed the constitutional provision that said the government can commit crimes with impunity as long as they say "National security, tap-tap, no tap-backs, nanny nanny boo boo."

Preposterous.

there is no justice for all....

Several freepers have asked me why I hate America. I've always told them that I didn't. I've said that I loved America. Maybe now I'll say that instead. :grr:

Does anyone know if he's appealing this?

There should be some redress for the horrors that this man was put through.

How many more El-Masris will be abducted and tortured (or worse!), if these jokers have absolute impunity to do as they wish, and are allowed to operate in judicially-sanctioned secrecy?

When they fined Jewish business owners after Kristallnacht for property damage.

the similarities are chilling

.. in the Franklin case deserves special note:


CLASSIFICATION LAWS APPLY TO EVERYONE, JUDGE SAYS

In a startling pronouncement that can only heighten tensions between the press and the government, a federal judge said last week that the laws governing classified information apply to anyone who is in receipt of such information, including reporters who are the recipients of "leaks."

"Persons who have unauthorized possession, who come into unauthorized possession of classified information, must abide by the law," said Judge T.S. Ellis III. "That applies to academics, lawyers, journalists, professors, whatever." ...

The extraordinary claim that mere possession of classified information triggers legal obligations leads to absurd conclusions, particularly since anyone who reads the daily newspaper comes into "unauthorized possession of classified information."

More importantly, it serves to discourage investigative reporting of illegal government activities that happen to be classified ...

http://pogoblog.typepad.com/pogo/2006/01/legislating_sec.html

for me to post a link to this article?

The United Police State of America is upon us.

this catchall excuse of 'national security' is a complete joke of a 'defence', one that a court interested in justice (instead of covering up the crimes of the administration) should rightly dismiss.

A US court has dismissed a lawsuit against a former CIA director brought by a German citizen who says he was kidnapped and tortured by the agency.

Khaled el-Masri aimed to sue ex-CIA chief George Tenet and several private companies for their alleged role in the US "extraordinary rendition" programme.

Mr el-Masri says he was picked up in Macedonia in 2003 and flown to Kabul, Afghanistan, where he alleges torture.

He has never been charged with any terrorist offences.

However, a district court judge in Virginia rejected Mr el-Masri's challenge, citing possible dangers to US security.

"While dismissal of the complaint deprives el-Masri of an American judicial forum for vindicating his claims... el-Masri's private interests must give way to the national interest in preserving state secrets," judge TS Ellis wrote.

http://news.bbc.co.uk/2/hi/americas/4996140.stm

Though I don't have high hopes of them making a decision with Freedom in mind.

PB

He didn't even care about the merits of the case. If it's "National Security" the pResident must be right.

:-(

to believe America was the beacon of freedom from oppression for all peoples.
How do you collect your Judge pay check and still sleep at night knowing
you are key to the survival of fascism?

So glad to be back in the USSR.

That info is classified. No trial, could expose state secrets. Can't fly on that plane, and we can't tell you why. State secret.

:eyes:

Homeland. Free speech zone. Czar. State secret. I'm sure there are other examples. As a child of the Cold War Era and something of a WWII buff, hearing these terms used in reference to the USA scare the hell out of me. I can't be the only one. Why are they doing it? Telegraphing their intent?

"must give way to national interest in preserving state secrets"

The people is fucked.

Potential leaks of classified info are reviewed in camera before being admitted as evidence. A lot more work for the judge, but part of the job.

This is revolting.

"While dismissal of the complaint deprives el-Masri of an American judicial forum for vindicating his claims .... el-Masri's private interests must give way to the national interest in preserving state secrets," Ellis wrote in a 17-page ruling.
(snip/)


Because, US law is based upon the rights of the individual. This ruling puts the rights of the State above the individual. That is how a totalitarian society functions.

This rationale can be used for anything. It is in the States best interest that anyone who disagrees with the State being kept in solitary confinement. Sorry, we cannot tell you who or where, since that would violate National Security.

BS.

Under the Spreading Chestnut Tree,
I sold you and you sold me,
There lie they and here lie we,
Under the Spreading Chestnut Tree.

Then it should automatically loose the suit and damages should be paid tenfold!

-Hoot