The ACLU-- Al Qaeda's outside counsel.
Keep up the good work exposing people to this, they deserve to know EXACTLY what the ACLU and its supporters are up to.
Our profession has become captured by the most virulent, anti-American leftists in the country, we are willing to lend our wealth and talents to abhorrent causes like securing the release of the enemy in a time of war, our leading academics care only about the rights of those who want to murder our loved ones who are overseas right now, and yet, you never fail to take a condescending, aloof attitude towards those who would question just whose side you're really on.
So please, also avoid rants, invective, and substantial and repeated exaggeration. Sticking with substance will make the comments more helpful to other readers, and more pleasant.
Khaled Masri came to the attention of Macedonian authorities on New Year's Eve 2003. Masri, an unemployed father of five living in Ulm, Germany, said he had gone by bus to Macedonia to blow off steam after a spat with his wife. He was taken off a bus at the Tabanovce border crossing by police because his name was similar to that of an associate of a 9/11 hijacker. The police drove him to Skopje, the capital, and put him in a motel room with darkened windows, he said in a recent telephone interview from Germany.
The police treated Masri firmly but cordially, asking about his passport, which they insisted was forged, about al Qaeda and about his hometown mosque, he said. When he pressed them to let him go, they displayed their pistols.
Unbeknown to Masri, the Macedonians had contacted the CIA station in Skopje. The station chief was on holiday. But the deputy chief, a junior officer, was excited about the catch and about being able to contribute to the counterterrorism fight, current and former intelligence officials familiar with the case said.
"The Skopje station really wanted a scalp because everyone wanted a part of the game," a CIA officer said. Because the European Division chief at headquarters was also on vacation, the deputy dealt directly with the CTC and the head of its al Qaeda unit.
In the first weeks of 2004, an argument arose over whether the CIA should take Masri from local authorities and remove him from the country for interrogation, a classic rendition operation.
The director of the al Qaeda unit supported that approach. She insisted he was probably a terrorist, and should be imprisoned and interrogated immediately.
Others were doubtful. They wanted to wait to see whether the passport was proved fraudulent. Beyond that, there was no evidence Masri was not who he claimed to be -- a German citizen of Arab descent traveling after a disagreement with his wife.
The unit's director won the argument. She ordered Masri captured and flown to a CIA prison in Afghanistan.
Well, in addition to George Tenet and a bunch of as-yet-unnamed defendants, he's suing the private contractors that owned and operated the airplane that transported him to Afganistan. How does sovereign immunity apply to government contractors?
Sorry for the delay, here's the cite for contractor sovereign immunity: it's Boyle v. United Technologies Corp., 487 U.S. 500, and the doctrine Scalia invented there is called the "military contractor defense." I wish I were joking.
As for the sovereign immunity issue, it's outside my area but a couple of thoughts. (In the interest of full disclosure, I haven't read the entire complaint yet.) I think the sovereign immunity issue is going to be quite complex.
if the 'penumbra' of the constitution can cover the 'right to sodomy' I'm assuming the 'penumbra' of the executive's prerogatives in terms of war making and security can cover these extra-legal cases.