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

Author

-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: jkouri@thenma.org

Older articles by Jim Kouri

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Since Obama came into "power" there have been more law suits than ever before. What does that tell you?

Twana,  You  found  more  nails  and  a  bigger  hammer>>>   Great  day  to  strenthen  the  Platform..!!!Ron

I really don't know what to think about this one.

I do know this. We have GOT to get the left out of power if we are to save this republic!

Thank you, THIS gives me hope that the left is not winning. If ACLU is still publicly funded, it should be abolished. It does not stand for anything for America just the left.

Woah!

Slow down on the partisanship! We're really willing to give away all of our rights just because the other party is losing? 

How do we know that those were actual terrorists, rather than someone who just looks funny? Every Tea Partier should want proof that American's rights are not being violated. We are the "small government" movement, not the "jail and torture everyone" movement.

Firstly, we know who told us this man was a terrorist. It is the government. The very government we accuse of fraud in Fast and Furious, Bailouts, Solyndra and the like. We must not really be expected to all of a sudden trust the government on this issue. 

Secondly, of course waterboarding is torture. Even the CIA is not denying that waterboarding is torture. And of course the terrorists that perpetrated crimes against the American people should be punished. But not until we are allowed to see who these terrorists are, and try them in court. The biggest thing that you may be missing here, is that we don't really know who the government says is a terrorist. What if they pick you up, torture you, and say they won't release the pictures on you. Will you then be inclined to change your mind?

And in some cases, any conservative in their right mind would side with the ACLU. Just because an organization takes on positions on cases that conservatives disagree with, does not mean the organization is discredited. That would be like saying "since a local Tea Party was cited for sexual harassment and hate crimes, they are all racists." Same logic, different propaganda.

Twana:

As John Stuart Mills, one of the greatest proprietors of Free Speech in America, wisely stated "An opinion has no value until it has been matched against an opposite opinion." 

Instead of screaming at me that I am a traitor to the cause, not a true conservative, etc. Look at the facts I have presented. I have already been a featured speaker at the Northwest Ohio Conservative Conference. http://www.nwohioconservativeconference.com/ I know what I am talking about.

If you cannot answer to the facts and logic that has been presented in a balanced, non-rhetorical manner, then it may be time to re-examine the facts you have been told. 

Twana  Get  a  very  large  Sledge~~Hammer..Your  hitting  on  the  wrong  Member's  >>  Straight  Arrow..~~~~Ron

Hi Ron, I agree with you . We are either ruled by Law or that of man . I prefer the first . Asencondopinion is mostly if not 100% correct . My only complaint is that any terrorist should be held and tried by the Military if I read his opinion correctly . The ACLU for the most part does not bring with it the values of the American public .

Dear liberal do gooder , your ignorance is breath takeing { pun intended } Waterboarding is NOT torture !!

The subject is very carefully exposed to a panic inducing  method for very short periods of time , 25 to 30

seconds . KSM while being boarded was  observed counting seconds with his fingers in an attempt

to defeat the method . This method definately prevented several follow up attacks after 9/11 !!!  Have you

failed to notice there were no successful attempts since that horrendous slaughter in NY on 9/11 ?

            Additionally , the ACLU is a COMMUNIST organization !!!  They are dedicated towards the

destruction of our great Republic , the greatest champion of FREEDOM & LIBERTY EVER !!!!

Who do you stand with ???????????????

Torture is in the eye of the one being tortured and I care less what they think . As for the ACLU they are just another ally of the far left . Water boarding ? Several of my friends have been while in the service and guess what ? They're still alive !

We need an overseer of the Gov't and of all branches . The CIA has too much power as does the FBI and then add DHS and the Border Patrol . The last two are basically run by Czars that have no business being in charge .

As for the CIA , they are a rogue institution and have been since their inception , the FBI not so much . DHS should not be an organization at all but because Bush wanted to further our demise we are stuck with it for now . The Patriot Act is a boondoggle for this purpose . The FBI had the tools to do what this crime syndicate cannot do . Go figure but it's just more "POLICE" to eventually go against us and they prove it on a daily basis .

For those of you that believe it is just the left that want to "RULE" us you'd better get a grip ! The right has the same plans and if you cannot see it you're not paying attention . They all work for the same cabal , just have different methods and one of the reasons we go back and forth .

I'd like to know if any of you have contacted your reps. about the U.N. or Agenda 21 to find out what they think about this group . I did and they told me (all) that we need the U.N. and didn't know enough about Agenda 21 to make a comment . Huh ????? The most destructive forces in this country and they don't know ? My senators are left wing nut jobs and my congresswoman is a mealy mouth republican .

Last elections the phrase "Vote em' all out" didn't mean a thing because you believed yours was OK ! This election will be the same , all political lifers .

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