Sep 142010
 
 September 14, 2010  Court

Cindy Cohn of EFF writes:

The 9th Circuit Court of Appeals, ruling en banc in a case called Mohamed v. Jeppesen Dataplan, yesterday adopted the Bush and Obama Administration’s joint Executive Branch power grab in the form of the state secrets privilege. The Court, in a 6-5 en banc ruling, dismissed a case brought by victims of horrendous torture and forced disappearance against a Boeing subsidiary whose employee admitted that they knew they were handling the “torture flights.” In refusing to hear the case, even the portions that could be based solely on already public evidence, the Court shunned its role as a co-equal branch of government protecting the rights of individuals against overreaching government. It also demonstrated just how badly we need Congress to step in and reform the state secrets privilege.

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