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Domestic Spying Program Comes Under Legal Scrutiny

The Nation

A federal judge will hear the ACLU's arguments today against the National Security Agency's warrantless anti-terror surveillance.

June 12, 2006|Henry Weinstein | Times Staff Writer

Khaled El-Masri sued former CIA Director George J. Tenet, other officials and three private companies. The suit alleged that Tenet violated U.S. and international human rights laws by permitting agents to kidnap El-Masri in Macedonia in 2003, beat him, drug him and transport him to a secret CIA prison in Afghanistan.

Five months later, according to the suit, El-Masri was released at night in Albania without being charged with a crime.

Ellis said that "if El-Masri's allegations are true or essentially true, then all fair-minded people, including those who believe that state secrets must be protected ... must also agree that El-Masri has suffered injuries as a result of our country's mistake and deserves a remedy."

Nonetheless, Ellis sided with government attorneys, saying that if the case went forward it "would present a grave risk of injury to national security."

"El-Masri's private interests must give way to the national interest," he ruled.

"In times of war," he said, "our country, chiefly through the executive branch, must often take exceptional steps to thwart the enemy."

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