Attorney General Eric Holder yesterday announced new policies and procedures for the administration's invocation of the state secrets privilege. The DOJ press release is here; Holder's memo for department heads is here. (Thanks to Walt Kendall for the
Government Seeks Review of Ninth Circuit’s State Secrets Ruling
The government filed a petition for reconsideration or rehearing en banc of the Ninth Circuit panel's decision in Mohamed v. Jeppesen Dataplan, Inc., the case against a private company for its alleged role in the CIA's extraordinary rendition program. The…
ACLU’s Ben Wizner Talks About Mohamed v. Jeppesen, Extraordinary Rendition, and State Secrets
ACLU attorney Ben Wizner, lead counsel in Mohamed v. Jeppesen Dataplan, Inc., the case against a private company for its role in the CIA's extraordinary rendition program, took time today to talk with me by phone about the case, the state secrets privilege, and…
Ninth Circuit Rejects Administration’s State Secrets Claim
A three-judge panel of the Ninth Circuit today rejected the Obama administration's claim that the state secrets privilege required dismissal of the plaintiffs' entire lawsuit at the pleading stage. The plaintiffs in the case, Mohamed v. Jeppesen Dataplan, Inc., sued…
Do the Torture Memos Undermine the Administration’s State Secrets Claim?
The ACLU filed a letter with the Ninth Circuit arguing that the recently released torture memos undermine the administration's state secrets claim in the case challenging the Bush administration's extraordinary rendition program, Mohamed v. Jeppesen Dataplan.The ACLU argues that the release…