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Court Approves Ex-Inmates' Suit Against CIA

Torture allegations trump state secrets argument, panel rules

By Jason Farago,  Newser Staff

Posted Apr 29, 2009 7:24 AM CDT

(Newser) – Five men who allege they were kidnapped and tortured on the orders of CIA agents may bring suit in federal court, an appeals panel ruled yesterday. Presidents Bush and Obama both contended that the case should be dismissed to protect classified evidence. But a federal appeals court panel ruled presidential powers to guard state secrets "are not the only weighty constitutional values at stake."

Yesterday's ruling is the first to reject a White House assertion of state secrets privilege to block inquiries into abuse allegations. The case now goes to district court for trial, unless the attorney general decides to appeal. Lead plaintiff Binyam Mohamed spent more than 6 years in US custody, most recently at Guantanamo. Agents allegedly sliced his genitals with a scalpel to extract information he did not have.

Binyam Mohamed, 30, a British resident freed from Guantanamo Bay prison returns to Britain a free man Monday Feb. 23, 2009, after nearly seven years in US captivity.
Binyam Mohamed, 30, a British resident freed from Guantanamo Bay prison returns to Britain a free man Monday Feb. 23, 2009, after nearly seven years in US captivity.   (AP Photo/Sang Tan)
Protesters demonstrate for the release of Binyam Mohamed, a former British resident and detainee at Guantanamo Bay, outside the US embassy in London, Tuesday, Feb. 17, 2009.
Protesters demonstrate for the release of Binyam Mohamed, a former British resident and detainee at Guantanamo Bay, outside the US embassy in London, Tuesday, Feb. 17, 2009.   (AP Photo/Lefteris Pitarakis)
United States Attorney General Eric Holder looks on as British Justice Secretary Jack Straw, not seen, welcomes him prior to their meeting in central London, Monday, April 27, 2009. Holder, on the first stop of a European tour, met privately on Monday with British officials to talk about intelligence and...
United States Attorney General Eric Holder looks on as British Justice Secretary Jack Straw, not seen, welcomes him prior to their meeting in central London, Monday, April 27, 2009. Holder, on the first...   (AP Photo/Lefteris Pitarakis)
Guantanamo detainee and terror suspect Binyam Mohamed is pictured in London, in 2000.
Guantanamo detainee and terror suspect Binyam Mohamed is pictured in London, in 2000.   (AP Photo/Reprieve, files)
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Today's ruling demolishes once and for all the legal fiction, advanced by the Bush administration and then the Obama administration, that facts known throughout the world could be deemed 'secrets' in a court of law. - Ben Wizner, the plaintiffs' lawyer

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COMMENTS
Showing 2 of 2 comments
Corona_Kinq
Apr 29, 2009 2:02 AM CDT
I hate lawyers just as much as anyone, but if the guy is innocent and they "sliced his genitals", then he needs to be compensated.
Timinator2K
Apr 29, 2009 1:30 AM CDT
Lawyers will save America! Or, destroy it but, the important things is that they'll profit greatly either way it goes.

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