Obama Admin. Stays Bush Course On Rendition Suit

By: John Blackstone
Topics: Justice Department

(CBS)

In the ornate, marble walled Courtroom Number 1 of the Ninth Circuit Court of Appeal this morning, there was the promise of change. The famously liberal appeals court, observers knew, might be the place where a new liberal president lifted some of the secrets of the previous administration's war on terror.

Five men who say they were kidnapped by the C.I.A. and taken to overseas prisons where they were tortured and interrogated are asking the Ninth Circuit to give them a day in court. They are trying to sue a company called Jeppesen Dataplan, a subsidiary of Boeing, which they claim operated the flights that delivered them to foreign prisons. They say Jeppesen employees knew they were kidnapped and were likely to be tortured.

Their suit was thrown out of court a year ago when the Bush administration claimed that allowing the case to proceed would expose state secrets and threaten national security. Now the plaintiffs are asking the Ninth Circuit to reinstate the case.

The plaintiffs' attorneys from the American Civil Liberties Union were hopeful the Obama Administration would lift the government's claim of secrecy. That hope quickly died in court today when the Justice Department attorney began by stating there has been no change in the government's position - that it is the government's position that for the case to proceed would be a threat to national security.

"This was an early test of how far the Obama Administration is willing to go to rollback its predecessor's penchant for secrecy, and the answer is, 'not much,'" said CBS News legal analyst Andrew Cohen.

"The government simply doesn't want the courts evaluating its past rendition program even as it evaluates whether it wants to continue the program or limit it," he added.

After the hearing, the Justice Department in Washington released this statement:

"It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court's decision in Reynolds that the privilege not "be lightly invoked."

The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations.

"It is vital that we protect information that, if released, could jeopardize national security. But the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations."

CBS News' Cohen said the case was "never a close call legally."

"There is plenty of precedent supporting the government's assertion that its dark operations aren't subject to judicial review," he said. "And I would be shocked if the court rules against the Obama Administration here."

ACLU Attorney Ben Wizner, who argued the case for the plaintiffs, had this to say:

"We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration's practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government's false claims of state secrets and allowing the victims of torture and rendition their day in court."

John Blackstone is a CBS News correspondent.

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by libsnemesis February 10, 2009 5:43 AM EST: Comrade Obama is just now learning about the dangerous foreign enemies who would like to destroy him and his family - NOW he understands what Bush knew 8 years ago!; Reply to this comment


by vincan-2009 February 10, 2009 2:34 AM EST: President Obama has barely had time to do more than concentrate on ten or twelve issues at one time. There is so much to do, but he is the president to do it. He is hiring good qualified people who will be hiring and firing a lot of people. Getting rid of people who are still in our government who are still acting out Bush''s policies must be stopped, fired or refocused because we will not continue the incompetence and willful disregard for the rule of law. When you listen to President Obama you realize he is working for us. He came in and was faced with handling two wars, the giant financial mess and many other matters. I thank him so much for caring about the middle class and the working man and woman who is not from the wealthiest class.; Reply to this comment


by kansas1946 February 9, 2009 11:24 PM EST: Obama has already stated that there will be no rendition where the persons are sent to countries where torture is legal. That in itself is a huge improvement. It is probably a little too early for this new adminstration to decide if it is too dangerous to open those records.; Reply to this comment


by stinginrich February 9, 2009 11:07 PM EST: %u201CWe are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration%u2019s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government%u2019s false claims of state secrets and allowing the victims of torture and rendition their day in court.%u201D

Here''s to the New Boss,
Same as the Old Boss.....; Reply to this comment


by beader59 February 9, 2009 11:01 PM EST: I know it is too early to tell for sure, but I am worried about Obama. I am a Democrat, not an Obama Dem, but I am not too impressed so far. His vetting process is terrible and he is complimenting people like Daschle who obviously has lied to his benefit. I am just worried about him being any different than most politicians who seem to be crooks.; Reply to this comment