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Thursday, May 18, 2006
Judge dismisses el-Masri CIA rendition suit on state secrets grounds
Bernard Hibbitts at 7:18 PM ET

[JURIST] A federal judge Thursday dismissed a highly-publicized lawsuit [materials] brought by the ACLU against CIA Director George Tenet and other agency officials and employees on behalf of Khalid El-Masri [JURIST news archive], a German national who alleges [el-Masri statement] that he was kidnapped in Macedonia in 2003 in an instance of extraordinary rendition [JURIST news archive], held by the CIA in Afghanistan where he was subjected to inhumane conditions and coercive interrogation, and finally released in 2004 and dropped off in Albania without ever being charged. Government attorneys argued [JURIST report] last week before US District Judge T.S. Ellis that the suit could jeopardize US national security interests by exposing CIA methods and activities to the general public, and presented a classified affidavit [public version, PDF text] by former CIA director Porter Goss asserting the executive privilege of the president to protect US state and military secrets. In his decision, Ellis acknowledged that dismissing the suit "deprives el-Masri of an American judicial forum for vindicating his claims", but insisted that "el-Masri's private interests must give way to the national interest...".

The US Supreme Court established the state secrets privilege in the 1953 case United States v. Reynolds [opinion text]. The government invoked the privilege [News Media & The Law commentary] in only four cases between 1953 and 1976, but it has been invoked more than 20 times since the Sept. 11 terrorist attacks and at least five times in the past year, counting the el-Masri case. El-Masri, a father of five, had sought $75,000 in damages, which his lawyer had suggested could be dropped in exchange for a personal apology from Tenet.

Reuters has more.

Thursday, May 18, 2006
Judge dismisses el-Masri CIA rendition suit on state secrets grounds
Bernard Hibbitts at 7:18 PM ET

[JURIST] A federal judge Thursday dismissed a highly-publicized lawsuit [materials] brought by the ACLU against CIA Director George Tenet and other agency officials and employees on behalf of Khalid El-Masri [JURIST news archive], a German national who alleges [el-Masri statement] that he was kidnapped in Macedonia in 2003 in an instance of extraordinary rendition [JURIST news archive], held by the CIA in Afghanistan where he was subjected to inhumane conditions and coercive interrogation, and finally released in 2004 and dropped off in Albania without ever being charged. Government attorneys argued [JURIST report] last week before US District Judge T.S. Ellis that the suit could jeopardize US national security interests by exposing CIA methods and activities to the general public, and presented a classified affidavit [public version, PDF text] by former CIA director Porter Goss asserting the executive privilege of the president to protect US state and military secrets. In his decision, Ellis acknowledged that dismissing the suit "deprives el-Masri of an American judicial forum for vindicating his claims", but insisted that "el-Masri's private interests must give way to the national interest...".

The US Supreme Court established the state secrets privilege in the 1953 case United States v. Reynolds [opinion text]. The government invoked the privilege [News Media & The Law commentary] in only four cases between 1953 and 1976, but it has been invoked more than 20 times since the Sept. 11 terrorist attacks and at least five times in the past year, counting the el-Masri case. El-Masri, a father of five, had sought $75,000 in damages, which his lawyer had suggested could be dropped in exchange for a personal apology from Tenet.

Reuters has more.

Tuesday, May 09, 2006
FBI probes CIA defense contracts after top official resigns
Tom Henry at 10:32 AM ET

[JURIST] An FBI investigation into the activities of former CIA Executive Director and number-three agency official Kyle "Dusty" Foggo [Wikipedia profile] has intensified after Foggo's resignation Monday. The FBI probe is looking into whether Foggo took steps to improperly aid his high school friend Brent R. Wilkes' company ADCS [company website] in obtaining large CIA contracts. Former California Rep. Randy "Duke" Cunningham [Wikipedia profile] pleaded guilty [JURIST report; plea agreement, PDF] last year to taking $2.4 million in bribes from Wilkes and others in return for federal contracts, though Wilkes himself has not been charged. Cunningham helped ADCS receive more than $80 million in defense contracts involving data transfer.

Foggo, who has acknowledged attending informal poker parties with Wilkes, insists he has breached no laws but the FBI is trying to determine if Foggo, like Cunningham, played a role in helping ADCS procure some of those contracts through improper acts.

The Washington Post has more.

Tuesday, May 09, 2006
FBI probes CIA defense contracts after top official resigns
Tom Henry at 10:32 AM ET

[JURIST] An FBI investigation into the activities of former CIA Executive Director and number-three agency official Kyle "Dusty" Foggo [Wikipedia profile] has intensified after Foggo's resignation Monday. The FBI probe is looking into whether Foggo took steps to improperly aid his high school friend Brent R. Wilkes' company ADCS [company website] in obtaining large CIA contracts. Former California Rep. Randy "Duke" Cunningham [Wikipedia profile] pleaded guilty [JURIST report; plea agreement, PDF] last year to taking $2.4 million in bribes from Wilkes and others in return for federal contracts, though Wilkes himself has not been charged. Cunningham helped ADCS receive more than $80 million in defense contracts involving data transfer.

Foggo, who has acknowledged attending informal poker parties with Wilkes, insists he has breached no laws but the FBI is trying to determine if Foggo, like Cunningham, played a role in helping ADCS procure some of those contracts through improper acts.

The Washington Post has more.

Friday, May 05, 2006
BREAKING NEWS ~ Porter Goss resigns as CIA director
Jeannie Shawl at 1:54 PM ET

[JURIST] AP is reporting that Porter Goss [official profile], director of the US Central Intelligence Agency [official website] has resigned. Goss, a former CIA and Army intelligence officer who chaired the House Permanent Select Committee on Intelligence while a member of Congress, was nominated and approved by the Senate [JURIST reports] to head the CIA in 2004.

During Goss' tenure as CIA director, the intelligence agency has come under fire for using interrogation techniques that could be construed as torture when questioning detainees. Last fall, Goss insisted that the CIA does not engage in torture [JURIST report] when interrogating detainees and said that interrogators strictly obey torture laws [JURIST report] when trying to obtain information from prisoners. The CIA has also come under scrutiny for allegations [JURIST report] that it has operated secret prisons in Europe and claims that US rendition [JURIST news archive] policies allow the transfer of terror suspects to countries known to use torture.

AP has more.

3:09 PM ET - Announcing the resignation Friday afternoon, Bush praised Goss as having ably led the agency, saying:

He's got a five-year plan to increase the number of analysts and operatives, which is going to help make this country a safer place and help us win the war on terror. He's instilled a sense of professionalism. He honors the proud history of the CIA, an organization that is known for its secrecy and accountability.

Read the full text of Bush's remarks.

Friday, May 05, 2006
BREAKING NEWS ~ Porter Goss resigns as CIA director
Jeannie Shawl at 1:54 PM ET

[JURIST] AP is reporting that Porter Goss [official profile], director of the US Central Intelligence Agency [official website] has resigned. Goss, a former CIA and Army intelligence officer who chaired the House Permanent Select Committee on Intelligence while a member of Congress, was nominated and approved by the Senate [JURIST reports] to head the CIA in 2004.

During Goss' tenure as CIA director, the intelligence agency has come under fire for using interrogation techniques that could be construed as torture when questioning detainees. Last fall, Goss insisted that the CIA does not engage in torture [JURIST report] when interrogating detainees and said that interrogators strictly obey torture laws [JURIST report] when trying to obtain information from prisoners. The CIA has also come under scrutiny for allegations [JURIST report] that it has operated secret prisons in Europe and claims that US rendition [JURIST news archive] policies allow the transfer of terror suspects to countries known to use torture.

AP has more.

3:09 PM ET - Announcing the resignation Friday afternoon, Bush praised Goss as having ably led the agency, saying:

He's got a five-year plan to increase the number of analysts and operatives, which is going to help make this country a safer place and help us win the war on terror. He's instilled a sense of professionalism. He honors the proud history of the CIA, an organization that is known for its secrecy and accountability.

Read the full text of Bush's remarks.