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Rejecting “State Secrets” Assertion, Appeals Court Reinstates Torture Suit

HeadlineApr 29, 2009

A federal appeals court has reinstated a lawsuit accusing a Boeing subsidiary of helping the CIA secretly transport prisoners to torture chambers overseas. On Tuesday, a three-judge panel rejected the Obama administration’s assertion of so-called “state secrets” privilege and said the case can proceed. The American Civil Liberties Union has filed the suit against Jeppesen International Trip Planning on behalf of five former prisoners. Jeppesen is accused of arranging at least seventy flights since 2001 as part of the CIA’s extraordinary rendition program. The Obama administration’s opposition to the case carried over from the Bush administration, which had previously won the case’s dismissal. In its new ruling, the federal appeals court says the government’s assertion of secrecy should be evaluated on a case-by-case basis. ACLU attorney Ben Wizner said, “Today’s ruling demolishes once and for all the legal fiction, advanced by the Bush administration and continued by the Obama administration, that facts known throughout the world could be deemed 'secrets' in a court of law.”

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