Legal Commentary

9th Circuite Reinstates "Ghost Air" Rendition Lawsuit

By Jeralyn

As Big Tent Democrat wrote earlier, the 9th Circuit Court of Appeals today reversed the dismissal of the ACLU lawsuit against Boeing subsidiary Jeppesen DataPlan Inc. for its role in the Bush administration's unlawful extraordinary rendition. The opinion is here (pdf.)

The Bush and Obama Administration's "state secrets" claim was expressly rejected. The opinion says the government must invoke the state secrets privilege with respect to specific evidence, not by moving to dismiss the entire suit.

The ACLU brought the suit on behalf of five men, Al-Rawi, Binyam Mohamed, Abou Elkassim Britel, Ahmed Agiza and Mohamed Farag Ahmad Bashmilah, who were kidnapped and secretly transferred to U.S.-run prisons or foreign intelligence agencies overseas where they were interrogated and tortured. The case is Mohamed et al. v. Jeppesen. The ACLU's brief is here.

Full post as published by TalkLeft on April 28, 2009 (boomark / email).