SMRs and AMRs

Wednesday, November 29, 2006

The Wronged Man

Unjustly Imprisoned and Mistreated, Khaled al-Masri Wants Answers the U.S. Government Doesn't Want to Give

By Dana Priest
Washington Post

Khaled al-Masri was supposed to have been disappeared by black-hooded CIA paramilitaries in the dead of night. One minute he was riding a bus in Macedonia, the next -- poof -- gone. Grabbed by Macedonian agents, handed off to junior CIA operatives in Skopje and then secretly flown to a prison in Afghanistan that didn't officially exist, to be interrogated with rough measures that weren't officially on the books. And then never to be heard from again -- one fewer terrorist in the post-9/11 world.

Instead, on Tuesday, Masri finds himself sitting in an American courtroom so elegant that even his experienced lawyers are commenting on its beautiful dark wood and graceful chandeliers. Dressed in white shirt sleeves and a modest maroon vest, Masri is waiting to see if the judges will allow the CIA to disappear him again.

This time, it's not the physical, flesh-and-blood, burly, ponytailed German citizen with six kids whom the U.S. government wants to make vanish from the face of the Earth. It's his legal case, his very right to have his argument heard in open court, that the CIA is seeking to have disappeared. They argue, citing the state-secrets privilege, that to proceed with the case would damage national security and that this damage outweighs any legal rights Masri may have.

The U.S. District Court for the Eastern District agreed with the government in May.

If they have their way this time, the pale Justice Department lawyers swaying back in their chairs before the three judges of the U.S. Court of Appeals for the 4th Circuit would prohibit any judge and any jury anywhere from ever hearing the arguments in Masri's six legal pleadings and 40 exhibits, more than 1,000 pages in all. Much of the evidence was unearthed by German prosecutors and European Parliament investigators.

(The rest is here.)

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