The lead editorial for the NY Times has it just right:  The United States Court of Appeals for the Second Circuit has just written itself into infamy — upholding a lower court ruling that extra ordinary rendition by the United States leading to torture can find no remedy in the courts.

…a federal appeals court in Manhattan brushed off a lawsuit by Maher Arar, a Syrian-born Canadian citizen who was seized in an American airport by federal agents acting on bad information from Canadian officials. He was held incommunicado and harshly interrogated before being sent to Syria, where he was tortured. He spent almost a year in a grave-size underground cell before the Syrians let him go.

The United States Court of Appeals for the Second Circuit decided that none of that entitled Mr. Arar to a day in court.

…The ruling distorts precedent and the Constitutional separation of powers to deny justice to Mr. Arar and give officials a pass for egregious misconduct. The overt disregard for the central role of judges in policing executive branch excesses has frightening implications for safeguarding civil liberties, as four judges suggested in dissenting opinions.

NY Times

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