Supreme Court Rejects States Secrets Appeal

I was disappointed that the Supreme Court refused to hear the appeal of Mr el-Masri in his case against the CIA. The decision was presumably based on the State Secrets Defense put forward by the Government

This is another case of irresponsible treatment by the United States. Mr Kahled el-Masri was the victim of a mistaken identity. He was seized by the CIA in Macedonia, held by the CIA for five months in a prison cell in Afghanistan to which he had been rendered, and when it was discovered that the CIA had the wrong man he was returned to Macedonia and dumped on the side of an abandoned road. Note that: dumped on the side of a road, not taken to a decent hotel, not fed and given clothes, and not given help in re-establishing his life. Who decided on this treatment. Is it just some insensitive lower level bureaucrat or did the decision emanate from the highest levels of the CIA?

The time must come when the Supreme Court considers the constitutionality of the State Secrets Defence. Apparently its first promulgation was in a case that did not affect State Security but was an embarrassment to the Air Force. Surely a Court whose members have high levels of security clearance could be constituted to judge whether or not State Security is involved rather than us having to accept the word of the government; especially the word of this government!

But the ACLU had a nice letter


Sent to Boston Globe