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Who Will Stop The Torture Update-19

03/05/07

Permalink 12:32:03 pm, Categories: Torture, Rule of Law

The March 2, 2007 ruling1 by the United States District Court of Appeals for the Fourth Circuit (USCA-4), in Khaled El-Masri v. George Tenet, significantly weakens our constitutional form of government, and must be reversed by the United States Supreme Court or Congress.

The assertion that our constitutional form of government is preserved because the Executive must present its alleged illegal conduct to the Judiciary before being granted immunity seems illusory.

It is much more likely that having the Executive present its alleged illegal conduct to the Judiciary before receiving its grant of immunity erodes and undermines the precious and fragile respect for our judiciary by making it appear complicit in the Executive's alleged illegal conduct.

Link to Misblog's:

Web: Federal Appeals Court Denies Day in Court for Victim of CIA Kidnapping, Citing “State Secrets

-----notes-----

1. The USCA-4 upheld District Court judge Thomas Selby Ellis' May 12, 2006 ruling that the State Secrets privilege applies, in Khaled El-Masri v. George Tenet (Case No. 1:05cv1417) to shield CIA officers from accountability in America's judicial system.

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