Constitutional Emergency

ACLU v. CIA: Intelligence agency wins court battle on waterboarding issue

Canada Free Press

Central Intelligence Agency doesn't have to release documents regarding its use of waterboarding, or a photograph of the suspected terrorist, Abu Zubaydah


-Penned by Jim Kouri

A United States Circuit Court of Appeals panel of judges handed a decisive defeat to the ACLU this week that stated the Central Intelligence Agency doesn’t have to release documents regarding its use of waterboarding, or a photograph of the suspected terrorist, Abu Zubaydah, taken around the time that he was subjected to “enhanced interrogation techniques.”

This was yet another defeat suffered by the American Civil Liberties Union in its anti-anti-terrorism battle with U.S. intelligence and law enforcement agencies.

“It’s deja vu in America, thanks to the liberal-left. Instead of anti-anti-communists, we now have anti-anti-terrorists attempting to poke holes in U.S. defenses,” said former military intelligence officer and civilian police detective Sid Franes.

The three-judge panel of the Second Circuit Court of Appeals, upholding the district court’s ruling, agreed with the agency’s argument that the requested cables do not have to be turned over in the American Civil Liberties Union’s Freedom of Information Act lawsuit because they relate to “intelligence methods.”

Officials at the ACLU have complained about the outcome of their court case, and continue their use of the term “torture” to describe waterboarding and other aggressive interrogation methods. However, while the ACLU is losing cases in the federal courts, groups such as Judicial Watch have been victorious in a number of lawsuits against the Obama administration.

“We are disheartened that the [Obama] administration with a stated commitment to transparency has claimed the need to shield details about waterboarding despite publicly acknowledging that waterboarding is torture,” said Alexander Abdo, staff attorney with the ACLU’s National Security Project, who argued the case before the appeals court.

“The ruling also grants the government the Orwellian authority to censor a photograph of a detainee because the photograph might reveal the detainee’s ‘condition’ after being tortured. Were any other country to claim that national security required the suppression of details of torture, Americans would be rightfully shocked and incredulous,” he said in a press statement following the ruling.

The ACLU and others have accused the CIA of violating the district court’s orders in a 2005 FOIA case by destroying videotapes revealing two terrorism suspects being “tortured” by CIA interrogators.

“The court ordered the agency to turn over any documents that would allow the public to reconstruct what was on the tapes. The CIA identified 580 documents that describe what the tapes depicted, but it has refused to release them,” according to ACLU officials.

The ACLU argued that waterboarding is not an “intelligence method” within the meaning of the exception to the FOIA law, because even the government itself admits that waterboarding is unlawful.

“But that admission of being unlawful is only an opinion of counsel and for every legal expert calling it torture, there is an equally well-educated expert who will say it is aggressive, unpleasant and fear inducing, but not torture,” said Det. Franes.

Jim Kouri
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Jim Kouri, Vice-president of the National Association of Chiefs of Police. Jim writes for many police and crime magazines including Chief of Police, Police Times, The Narc Officer, Campus Law Enforcement Journal, and others.

Jim can be reached at:

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Twana , Should you have a beef with someone then mention names . If you can't handle dialog with the other side then perhaps you shouldn't be posting . Not everyone thinks as you do .

Personally it doesn't really mean a rip to me however being mean spirited is just that . Say you don't agree and list your grievance and why .

I'm definitely anti-war because I've been in one , commanded troops and seen both sides die and get maimed for life , not to mention PTSD , an insidious gotcha .

I understand your points but you don't understand who it is that starts wars and the money involved to keep them going for someones gain . If you believe it is the White House then you're way off base . They are just the mechanism .

I'm guessing but I'd venture to say you've never been to war and the sheer terror terror it brings . The first time you have rounds going by your head it brings a different perspective and something you never forget . And that's a very small part of it ! Read Henry Kissinger then tell me it's worthwhile .

Our youngsters are being used and killed and it makes no sense . The war on terrorism is a joke and should be dealt with accordingly but do you really think we are going to change Afganistan or Iraq or even Iran , any of them ? If their hearts are not for it all the money that is now Chinas doesn't matter one bit . Let them deal with it not us . I'm tired of fighting someone else's wars .

Twana , I agree with some of what you quoted but when you find out why WAR and who it is that is pulling those strings then WAR becomes something else .

When we can stop these people who hate us on our shores then the rest of it becomes moot . Is it noble to protect those that cannot protect themselves ? Absolutely it is however it is more often than not just us that take action and those that are with us is minute in comparison . There is no action by the U.N. who should be taking the lead but hollow in response . We fund it , fight it and our treasures lost in both physical and financial terms .

The U.N. is corrupt from start to finish but we take our marching orders from them . We fight political Wars because of them . In my War I could not fire unless fired upon even though we knew they were enemy and lost young men because of it , many . We have rules of engagement in the Mideast just like we did . This is not the way to win a WAR , it's a way to get our youngsters killed and for what ? It has nothing to do with our way of life and safety just like the Patriot Act .

I adhered to these rules for the first 4 or 5 months but after that it was no holds barred which is how you defeat the enemy . You cannot find WAR justified with this nonsense , it's political and a money maker , nothing else . People buy into (still) that we must fight them over there so they don't come over here . Sorry but that is just B.S. but we buy into it lock stock and barrel because that's what the Govt says . Absurd !

I have a bunch of Vets I call friend and they mirror my thoughts , some old timers like me and a few that have fought the WARS we are now engaged in and Iraq . I belong to 3 Vet groups and none I know agree with what we're doing and abhor the rules we have to use .

We fear everything tied to terrorism but most Vets don't . We don't discount it by any means but we've been there and your thoughts are a bit different than most . Our "Freedoms" are not won over there !

Twana, I guess we just don't see eye to eye on Afganistan . We went there to kill Obama er' I mean Osama . He's dead , maybe long before his "official" death . It was a war to kill his boys and we did , so why are we there ? Money ! Follow the money trail and you will find the Rothchilds financing both sides as always as far back as you want to go . There are a couple of other families "related to them" like the Rockefellers .The Rothchilds are worth over 600 trillion dollars and are the ones who start these wars .

I'm confused on why you say it is "just" to be there . As soon as we leave they will go back to where they were when we started so what's gained ? Nothing for this country ! You cannot win a war in Afganistan period .

We're gonna get waterboarded, our lawyer is gonna get waterboarded, everyone we know is gonna, yadda,yadda,yadda.

The aclu is a distortion of conservative values based apon GOD and the Founders America.



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