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    02-05-08 AP-Feds Want Rendition Lawsuit Dismissed by PAUL EL

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    Mark Welkie
    The Bush administration urged a federal judge to dismiss a lawsuit against Boeing subsidiary Jeppesen Dataplan Inc. for its role in helping the CIA transport terrorism suspects to overseas prisons. Justice Department lawyers argued that national security concerns prevented litigation of the case. The judge appeared open to dismissing the case based on the CIA director's invocation of the state secrets privilege. However, the ACLU argued that many details of the rendition program have been publicly acknowledged, including interrogation methods, so national security is not at risk in the case. The judge said he would issue a written ruling on whether to dismiss the case.

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    02-05-08 AP-Feds Want Rendition Lawsuit Dismissed by PAUL EL

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    Mark Welkie
    11 views2 pages
    The Bush administration urged a federal judge to dismiss a lawsuit against Boeing subsidiary Jeppesen Dataplan Inc. for its role in helping the CIA transport terrorism suspects to overseas prisons. Justice Department lawyers argued that national security concerns prevented litigation of the case. The judge appeared open to dismissing the case based on the CIA director's invocation of the state secrets privilege. However, the ACLU argued that many details of the rendition program have been publicly acknowledged, including interrogation methods, so national security is not at risk in the case. The judge said he would issue a written ruling on whether to dismiss the case.

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    The Bush administration urged a federal judge to dismiss a lawsuit against Boeing subsidiary Jeppesen Dataplan Inc. for its role in helping the CIA transport terrorism suspects to overseas prisons. Justice Department lawyers argued that national security concerns prevented litigation of the case. The judge appeared open to dismissing the case based on the CIA director's invocation of the state secrets privilege. However, the ACLU argued that many details of the rendition program have been publicly acknowledged, including interrogation methods, so national security is not at risk in the case. The judge said he would issue a written ruling on whether to dismiss the case.

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    11 views2 pages

    02-05-08 AP-Feds Want Rendition Lawsuit Dismissed by PAUL EL

    Uploaded by

    Mark Welkie
    The Bush administration urged a federal judge to dismiss a lawsuit against Boeing subsidiary Jeppesen Dataplan Inc. for its role in helping the CIA transport terrorism suspects to overseas prisons. Justice Department lawyers argued that national security concerns prevented litigation of the case. The judge appeared open to dismissing the case based on the CIA director's invocation of the state secrets privilege. However, the ACLU argued that many details of the rendition program have been publicly acknowledged, including interrogation methods, so national security is not at risk in the case. The judge said he would issue a written ruling on whether to dismiss the case.

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    of 2

    53410577.

    doc Page 1 of 2

    INCLUDEPICTURE "http://www.ap.org/media/images/logo.gif" \* MERGEFORMAT

    Tuesday, February 5, 2008; 8:19 PM

    Feds Want Rendition Lawsuit Dismissed


    By PAUL ELIAS
    The Associated Press

    SAN JOSE, Calif. -- Bush administration lawyers cited national security concerns
    Tuesday in urging a federal judge to toss out a lawsuit accusing a Boeing Co.
    subsidiary of illegally helping the CIA secretly fly terrorism suspects to overseas
    prisons to be tortured.
    The American Civil Liberties Union sued Jeppesen Dataplan Inc. last year in San Jose
    federal court, accusing it of aiding the CIA in the "forced disappearance, torture and
    inhumane treatment" of five suspected terrorists in violation of national and
    international laws. The ACLU alleges that Jeppesen, based in San Jose, knowingly
    participated in the program by supplying aircraft, crews and logistical support to the
    CIA flights.
    On Tuesday, Justice Department lawyers asked U.S. District Judge James Ware to toss
    the lawsuit without further litigation because of unspecified national security risks.
    In an earlier court filing, CIA Director Michael Hayden invoked the "state secrets
    privilege," which would let him bar evidence sensitive to national security from being
    used in court.
    The judge appeared sympathetic to Hayden's position Tuesday, but declined to rule
    immediately. Ware said he would issue a written opinion soon.
    ACLU lawyers argued Tuesday that Hayden's security concerns are trumped because
    the rendition program is public knowledge.
    "No interrogation method alleged ... is a secret," ACLU attorney Ben Wizner said.
    "Every one of those has been publicly disclosed and confirmed and in the public
    record."
    Wizner pointed out the Hayden even discussed "waterboarding" Tuesday in
    testimony before Congress.
    President Bush also has confirmed the existence of the rendition program.
    "Many specifics of this program, including where these detainees have been held and
    the details of their confinement cannot be divulged," Bush said in a September 2006
    speech defending the rendition program as a vital national security tool. "Doing so
    would provide our enemies with information they could use to take retribution
    against our allies and harm our country."
    On Tuesday, Assistant U.S. Attorney Michael Abate said Bush and other high-ranking
    officials have discussed the program only in broad terms and that "this did not
    declassify any of the specifics."
    53410577.doc Page 2 of 2

    For instance, Abate argued that the government has neither confirmed nor denied
    that any of the five men represented by the ACLU were ever in CIA custody. To do so
    would jeopardize the agency's intelligence gathering abilities, Abate argued.
    Outside court, the ACLU's lawyer said the CIA's opposition to the lawsuit was the
    agency's latest attempt to avoid having a court rule on the legality of its rendition
    program.
    "No court has ever ruled on the legality of the government's torture program," Wizner
    said.

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