Court rules victim of ‘extraordinary rendition’ can’t sue

By Daniel Tencer
Monday, November 2nd, 2009 -- 2:32 pm
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maherarar Court rules victim of extraordinary rendition cant sueLawyer: Ruling places executive officials 'above the law'

A Canadian citizen who was wrongly identified as a terrorist suspect and reportedly tortured in a Syrian prison for nearly a year after US authorities sent him there has lost his bid to sue the US government.

In a 7 to 4 decision, judges on the 2nd US Circuit Court of Appeals ruled that Maher Arar, a Syrian-born Canadian engineer, cannot sue the Justice Department because the lawsuit would “offend the separation of powers and inhibit this country's foreign policy,” the judges stated.

In September, 2002, as he headed home to Canada from a vacation, Arar was detained by US authorities at New York's JFK Airport on suspicion of links to terrorism. After 12 days in US custody, Arar was put on a plane to Syria, the country of his birth, where he says he spent a more than ten months in a "grave-like" cell being interrogated and tortured before being sent home at Canada's request.

Subsequent investigations found Arar had been wrongly flagged as a terrorist suspect by the Royal Canadian Mounted Police, because he had acted as a reference on an apartment rental application for another individual who was under surveillance in Canada. It also emerged that Canada's spy agency suspected the US would likely send him to abroad to be tortured.

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In 2004, Arar was the first person to sue the US over the practice of "extraordinary rendition," a program that sent terrorist suspects to countries where they could be tortured within the confines of the local law. Arar named the Justice Department and then-Attorney General John Ashcroft in his lawsuit.

The Circuit Court's decision "leaves the federal officials involved free of any legal accountability for what they did," the Center for Constitutional Rights said in a statement released Monday. The CCR is representing Arar in his legal actions against the US government.

“This decision says that US officials can intentionally send a man to be tortured abroad, bar him from any access to the courts while doing so, and then avoid any legal accountability thereafter," said attorney David Cole, who argued the case before the court. "It effectively places executive officials above the law, even when accused of a conscious conspiracy to torture."

In 2006, a Canadian commission of inquiry issued a report (PDF) stating that "there is no evidence to indicate that Mr. Arar has committed any offence or that his activities constitute a threat to the security of Canada."

Arar has had better luck extracting justice from the Canadian government than he has from the US government. In 2006, Canada agreed to pay him $10 million for his suffering, and issued a formal apology. The US has not followed suit, and the Justice Department continued to claim that Arar was a risk to the US, despite being cleared by the very authorities who alerted them.

The Justice Department has since argued that Arar was sent to Syria based on an "internal threat assessment," and not on the faulty information handed them by Canada.

Arar released the following statement on Monday: “Unfortunately, this recent decision and decisions taken on other similar cases prove that the court system in the United States has become more or less a tool that the executive branch can easily manipulate through unfounded allegations and fear mongering. If anything, this decision is a loss to all Americans and to the rule of law.”

The Associated Press reported:

At stake in the lawsuit was the court's role in reviewing the practice of “extraordinary rendition” in which someone suspected of supporting terrorism is transferred to a foreign nation for imprisonment and interrogation without formal charges, trial or court approval.

The appeals court said it was hesitant to create “a new damages remedy that Congress has not seen fit to authorize.”

It added: “Even the probing of these matters entails the risk that other countries will become less willing to co-operate with the United States in sharing intelligence resources to counter terrorism.”

The Center for Constitutional Rights noted that not all judges agreed with the ruling. In a dissenting opinion, Judge Guido Calabresi wrote, “I believe that when the history of this distinguished court is written, today’s majority decision will be viewed with dismay.”

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Story comments are below...
  • Disenfranchised
    Would it be the right time to inject that I think the Bush Era never ended? I know there's a black dude in office, who speaks better than Bush, is smoother socially, seems smarter, but I don't feel any different than I did during the Bush Reich.....anybody else feel that choking stench hanging around too?

    I'm still waiting for the 'change'.
  • caroldw
    It is a depressing outcome not only for the victim but for the nation.
    When members of the government cannot be held responsible for the wrong they do, we should be alarmed. It's no different from a dictatorship and an open invitation for more criminal behavior from those in power.
    Obama and Holder are also protecting the criminals from the last administration.
    It looks like a broad based conspiracy to obstruct justice. We need to know who is behind it and find a way to prosecute them.
  • donofcali
    “This decision says that US officials can intentionally send a man to be tortured abroad, bar him from any access to the courts while doing so, and then avoid any legal accountability thereafter,"

    So was this the original intent of the Founding Fathers when they wrote the Bill of Rights? Oh yeah, that's right, it's the year 2009. The plutocrats determine what rights we have, not some piece of paper.
  • lorn
    Yes. In addition this decision says; Obama justice department defends Bush justice department in court.
    Or perhaps; Eric Holder advises underlings to go to court to defend Bush crony and criminal John Ashcroft.

    It seems like nobody in this country has the stomach for the whole truth. Only bits and pieces can be handled at any one time. This lack of intestinal fortitude is killing the USA.

    Seriously, how do the Obama supporters manage to double think themselves into thinking this guy is anything other than Bush3?
  • damixaustex
    That's a crock and you know it. Would you want all future Administrations to throw caution to the wind and prosecute the previous lot wholesale?

    The whole truth is war sucks. When you and everyone else was saying "we aren't gonna take that shit" after 9-11, you asked for this right here.

    It seems Americans don't have the stomach to admit to themselves that rabid war mongering leads to bloody hands and death.

    You are complicit, lorn . Admit it to yourself, then lets move on.
  • lorn
    The answer to your absurd Bill O'Reilly styled question;

    "Would you want all future Administrations to throw caution to the wind and prosecute the previous lot wholesale?

    Well, um eh NO. No I would not.
    Why do you ask such an insane question (one that Glenn Beck might ask) in response to a call for Obama to prosecute the filthy war criminals Bush and Cheney? Seriously how the hell to you connect your dots? Or do you just type in the daily Democratic troll talking points without thinking?

    Wanting Bush and Cheney prosecuted and suggesting Obama needs to get busy with it is not the same as wanting all future Presidents in the USA to prosecute wholesale the entire previous white house. Only a stinking troll could use such logic....a torture loving Bush defending troll.
  • wyrdless
    Of course I want "all future Administrations to throw caution to the wind and prosecute the previous lot wholesale", if it involves torture and gross violations of the law.

    What kind of person would NOT want that to happen?

    Are you insinuating we should allow torture?
  • damixaustex
    Not at all. I want to see investigation, prosecution AND I want to see the President protecting the duties of the office. They are not mutually exclusive.
    Personally, I think Dick Cheney deserves execution for high treason. He and his ilk did nothing less than commandeer an army to fetch the resources of a foreign nation for personal gain.
    But, I don't want every election to become all about beheading the previous administration.
    It's not up to Obama to do something about Bush and Cheney.
  • lorn
    Oh Hello. It has been a while since I had an exchange with such an obvious Democratic Party loyalist/troll.
    But your straw man talking point is soooooo old and tired. Really, you people need some new material!

    The unprecedented war crimes, torture, rendition and frequency of them by the Bush administration requires immediate legal action and the whole world sees it. For YOU to rewrite and redefine such necessary legal proceedings as:

    ".... I don't want every election to become all about beheading the previous administration.
    It's not up to Obama to do something about Bush and Cheney"

    How can you say that? How can you seriously attempt to compare the prosecution of Bush and Cheney for war crimes with every single future administration trying to behead the previous one???????????????????????????????

    The right wing scum have taken over the Democratic party. Their use of ridiculously insane arguments is proof.
    You people disgust me!
  • damixaustex
    Let me know if you have a point.
  • lorn
    Just because you play dumb and refuse to acknowledge my point does not mean it wasn't well made. But I will spell it out sloooooowwwly for you.

    Any discussion of Bush Cheney war crimes and torture abuses without mentioning the very relevant fact that they are being protected by Obama/Bush3 is disingenuous.
    Those who would cleverly shill to cover these crimes of Obama who covers the crimes of Bush are lying pigs.

    It IS up to Obama to facilitate the prosecution of Bush Cheney.
    That is my point.......do you have any, other than the one on top of your head?
  • damixaustex
    "
    It seems like nobody in this country has the stomach for the whole truth."

    Going back to your original post, this is the statement I agree with.
    I would be happiest if Americans would feel a collective guilt strong enough to take to the damned streets and call for more international action.

    Many departments of the US government, the US Congress, many nations AND the American public were complicit in the torture.
    Obama has a duty to protect the office, the troops in the field and the constitution. It's not up to him to facilitate prosecution. It's up to you and me.
    Where do your Congressmen stand on it? have you asked? Mine, sadly are avoiding it.
  • wyrdless
    investigation and prosecution are the two chief duties of a president. The
    president is there to fulfill the laws which congress provides. Torture is
    against the law of course, so torturing people is not a presidential duty.

    I agree 100% about Dick Cheney, there have always been people of his ilk
    running the nation

    I think that it is up to Obama to allow the process to go forward, it is a
    shame that our checks and balances don't work anymore and that someone else
    can't make this happen, but right now Obama is really the only person who
    could pull it off.

    If our country was run according to the constitution and in an ethical
    manner we wouldn't need to behead the previous administration. After
    prosecuting people and purging the system a bit, it will be less of a
    concern.

    Its like if there is an almost full barrel of apples and some of them are
    rotten, you can't just throw more apples in there. Even though it is a pain
    in the but, every once in a while the barrel needs to be cleaned.
    Otherwise, all the apples go rotten, and you wind up with no apples.
  • damixaustex
    Well put, thanks.

    The crimes are serious and international in scope. The president has an obligation to uphold the law and treaties. Checks and balances have failed. On all these points, we agree.

    But, when one branch of our government screws up, how do we expect the balance to be restored?

    Where the hell is Congress? They should be shouting from hilltops with calls for justice and international investigation. They aren’t. You know why? They're complicit. So are several other nations and the American people in general.
    Let me ask you, were you aware the American government was whisking people away, grabbing them from all over the world including US airports and moving them to undisclosed locations? I was, you were, everyone was aware, and no one took to the streets in protest because people were afraid and they thought maybe that's what was needed to protect the country. Sure, we weren’t specifically aware of the torture at that point, but c’mon, we knew who we were dealing with in leadership and what they were saying. We knew Bush was living some end times religious fantasy war scenario. What did Americans do? Cower in fear, generally.

    To blame Obama now is yet more cowardice, in my opinion, and it’s all I hear from some folks. Everybody has some idea how this process should go now that they're not so afraid of buildings blowing up.
    Congress' lack of interest is pretty indicative of how the public would react if Obama led some charge toward convictions.
    I agree a purging is in order and I agree it's being slowed by the administration.
    I think there's still time. Time to get troops out, time to heal some international wounds. Time to let the Islamic world know we let our government fuck up and we're not really out to get them.
  • wyrdless
    Hi

    I really enjoy talking to you and responding to your posts. This one is
    late and a little disjointed, but I thought I'd respond to maintain the
    dialogue.

    Amar Arar is a great example, but protest does little. I do protest and
    visit congress but giving people DVDs works much better, so others can take
    to the cause.

    Of course we knew they were torturing. Waterboarding IS torture according
    to Torque Mada who water boarded tons of infidels. The general american
    public fills me with Shame at the thought of our great republic bowing to
    the pervasive ignorance. We will only succed through them. A scary thought
    indeed.

    I think we and so many other people need to distribute information to stop
    the crisis. It is scary to think repubs say "its obamas fault' and dems say
    'its bush's fault' while neither recognizes how the policies are identical
    and never changed from Reagan onward.

    There is time! Which is awesome. Check out yearofyouth.org. We will be
    sending well over 100 people 30-40 as candidates in 2012! I am working on
    Sean Ryan's campaign to enhance liberty and I am considering getting a law
    degree so I can Screw the thieves with legal action.

    How do you feel about Ron Paul?
    How old are you?
    What state are you in?

    I am curious because you make such excellent additions to the conversation
    and I alue your responses.

    Do you know about the coming hyperinflation?


    Evan
  • damixaustex
    Thanks for the compliments. I try to expand the conversations a little and avoid offenses. This conversation, unfortunately, started after a few margaritas and thus was more personal and terse than usual. I always read your posts carefully because you have something to say. You understood what I was saying enough to lead to better questions, I appreciate that. I rarely answer to people who stereotype or generalize.

    On this topic here, I try to get people to, as Glenn Beck says, "take us back to that day" after 911. Only I want people to think back at how their emotions and fear enabled those in power to go nuts with it.
    At that time, I went around asking people "why do you think Muslims hate our way of life so much?" Ya know, no one could answer. They had no idea. They were brainwashed collectively into turning a blind eye from the West's incursion into the middle east. Wars are about land and resources. Always have been, always will be. Allowing that fear to take hold is what brings us to a time where people like Beck will surface and capitalize on the void. It's interesting that Beck see's Hitler in everything. He uses the same techniques.

    BTW, Thanks for the link.
    Let's see, Ron Paul, I've been following him for many years(I'm in Texas, not quite 50 YO). He's gotten less loony recently as he learned more about what he was talking about. His main drawback is abstract talk doesn't necessarily make things work. It does, however, influence peoples thought and challenge them to question the status quo. I've always admired him for that and agree with quite a few of his ideas. What his supporters tend to forget is that the constitution was written when the idea of our government was theoretical and population was much, much smaller. I'm glad he's in Congress, I helped put him there, and I hope his voice continues to be heard. He also (so far) falls short of understanding the changing world. We're not the only act nowadays and its impossible that we'll ever be number one again. The 20th was the American century. Like it or not, we're entering the global era. That's not a bad thing unless you buy into some notion that everything's failing.

    Regarding hyperinflation, it's a bit over hyped, I think. Yes, we can't avoid the coming inflation unless we curtail the movement of money in and out of markets and the nation, something Ron Paul and I are both against. I've lived through inflationary times before, will again. It passes. The low dollar usually spurs production and exports(and tourism!).
    "The general american
    public fills me with Shame"
    Not me. I know a lot of that general American Public personally and find they rarely think the way they're portrayed in the media or polls. Ponder that for me , will ya!

    Dave
  • damixaustex
    " but protest does little."

    Forgot to call you out on that one. Nothing scares the powers that be more than the threat of civil unrest. We really haven't experienced it in the US as much as we should. (hello to all you government blog monitors, welcome).
    When the economy is good and every ones outlook is peachy, people don't want to rock the boat or their so involved in their own lives they tend to say, hey, it's not that bad.
    Now that the outlook is uncertain and more people are out of work, there's talk of civil unrest. It's cyclical.
    If more people would have taken to the streets to protest the Iraq war, I think we would not be in the situation we're in. We allowed government to squelch opposition to the war, and that is the fault of the American people.
  • miggy
    People say that we now live in a Police State. It’s more like The Globalists Police State. It’s TRYANNY plain and simple. Fascist Tyranny at that!
    The Globalists, Bankers, Military Industrialized Media Complex, Corporations, Congress, and most important Council on Foreign Relations, Trilateral Comm., NWO run things.

    Undeclared wars are ALREADY illegal! See Article I, Section 8, Paragraph 11, of the U.S. Constitution.
    Our problem is that we have had both Congresses and Presidents who are in VIOLATION of their Constitutional Oath of Office, and we have virtually IGNORED the equally Constitutional remedy of IMPEACHMENT for those office holders so doing, because violation of one’s Constitutional Oath of Office is PERJURY, which is a “high Crime and Misdemeanor” (Article II, Section 4 of the Constitution). Does it also constitute “giving Aid and Comfort” to our enemies (Article III, Section 3)? Ask a former Vietnam P.O.W. how many times the fact of our fighting an “undeclared war” was thrown in their faces by Communist interrogators, and then ask them if sending troops in violation of the Constitution was NOT “giving Aid and Comfort” to our enemies! Obviously, more high government officials should be hauled up on TREASON charges
  • bobdevo
    Take it to the goddam Supreme Court. This ruling is an abomination. The judiciary branch has apparently become an enable of the unfettered ability of the executive branch to commit crimes against humanity without fear of accountability.
  • douvie
    Take it to the Supreme Court? To Scalia, Roberts, Alito and Thomas? That's too funny by half. When was the last time we got a decision out of that bunch that protected people's civil rights, particularly with respect to habeous corpus?
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