The U.S. Wins the Right to Abduct Innocent People With Impunity

[witchcurlgirl]

The Supreme Court today denied a petition of review from Maher Arar, the Canadian and Syrian citizen who was abducted by the U.S. Government at a stopover at JFK Airport when returning to Canada in 2002, held incommunicado for two weeks, and then rendered to Syria, where he spent the next 10 months being tortured, even though -- as everyone acknowledges -- he was guilty of absolutely nothing. Arar sued the U.S. Government for what was done to him, and last November, the Second Circuit Court of Appeals upheld the dismissal of his lawsuit on the ground that courts have no right to interfere in these decisions of the Executive Branch. That was the decision which the U.S. Supreme Court let stand today, ending Arar's attempt to be compensated for what was done to him.

I've written in detail several times about Arar's case, including in November when the appellate court upheld dismissal of his lawsuit; see here for how extreme his treatment has been at the hands of the U.S. Government, which was most responsible for his harrowing nightmare and then spent years fighting to deny him any remedy for what was done. I won't reiterate those points here, as everything I have to say about the Supreme Court's actions today was said in that November post (read the last part of that post, where I excerpted the court's description of what was done to Arar). But I do want to highlight one aspect of this episode:


Just compare how the American and Canadian Governments responded to what everyone agrees was this horrific injustice. The Canadians, who cooperated with the U.S. in Arar's abduction, conducted a sweeping investigation of what happened, and then publicly "issued a scathing report that faulted Canada and the United States for his deportation four years ago to Syria, where he was imprisoned and tortured," and made clear he had done absolutely nothing wrong. Then, Canada's Prime Minister personally and publicly apologized to Arar, and announced that Canada would compensate him with a payment of $ 8.5 million.

By stark contrast, the U.S. Government, which played a far more active role in his abduction and rendition to Syria, has never apologized to Arar (though individual members of Congress have). It has never clearly acknowledged wrongdoing (the only time it even hinted at this was when Condoleezza Rice called U.S. conduct in this case "imperfect" -- you think? -- and generously added: "We do not think this case was handled as it should have been"). In fact, it continuously did the opposite of providing accountability: in response to Arar's efforts to seek damages from the U.S. Government, the U.S. raised -- under two successive administrations -- a slew of technical arguments to persuade American courts not to hear his case at all, including the argument that what was done to Arar involved "state secrets" that prevented a judicial adjudication of his claims. The U.S. even continued to ban Arar from entering the U.S. long after it was acknowledged that he had done nothing wrong, thus preventing him for years from appearing before Congress or in the U.S. to talk about what was done to him. Indeed, after the Bush administration spent years arguing that courts were barred from hearing Arar's case on the ground of "state secrets," the Obama administration embraced those same arguments and then urged the Supreme Court not to hear his appeal.

As the Center for Constitutional Rights pointed out today:

The Obama administration could have settled the case, recognizing the wrongs done to Mr. Arar as Canada has done. . . . Yet the Obama administration chose to come to the defense of Bush administration officials, arguing that even if they conspired to send Maher Arar to torture, they should not be held accountable by the judiciary.

So congratulations to the U.S. for winning the right to wrongfully abduct people and send them to their torture with total impunity. What a ringing statement about our country's willingness to right the wrongs it commits and to provide access to our courts to those whose lives we devastate with our behavior. Andrew Sullivan today referred to "the cult of the inerrant leader": the inability and refusal of our political class to acknowledge wrongdoing, apologize for it, and be held accountable. The Maher Arar case is a pathological illustration of that syndrome.


The U.S. wins the right to abduct innocent people with impunity - Glenn Greenwald - Salon.com

[Grimmlok]

Fuck America, Fuck Bush, Fuck Obama, to a lesser extent Fuck Canada and burn in hell, get cancer and die in a fire, etc etc

See, THIS is why I don't like visiting the US. I get twitchy the second I'm over that border because there are no actual rights protecting me, no right to due process, or anything anymore.

I can simply be locked away, for no reason, until the end of time or shipped to some CIA black site to have my teeth pulled out of my head.

Honestly, what kind of tyrannical banana Republic has the US become? It's insane.

[Grimmlok]

However, a somewhat brighter note on the whole Maher Arar thing

WASHINGTON—An unprecedented RMCP probe into the Arar torture affair has gone global, with the possibility the Mounties will lay charges against U.S. and Syrian government officials involved in the case.

Lawyers for Maher Arar confirm their client has been co-operating closely as a team of RCMP investigators turns its gaze abroad to focus on foreign officials allegedly complicit in the Syrian-born Canadian’s year-long detention in an underground cell in Damascus, where he underwent torture.

Code-named “Project Prism,” the four-member RCMP probe was first disclosed by the Toronto Star last December. It was thought then to be focused mainly on the actions of Canadian government officials in the Arar rendition saga.

But Arar’s lawyers now say the Mounties are looking foremost to Syria and the United States for the missing pieces to the Arar puzzle, which already was the subject of an exhaustive Canadian inquiry that ended in full exoneration for Arar, including a public apology from Ottawa and $10 million in damages.

“The RCMP team did interview a lot of Canadians. But the primary focus has been on Syrian officials and, secondarily, U.S. officials,” said Arar’s Canadian lawyer, Paul Champ.

“They have made numerous international trips, interviewed a number of people abroad. And to some extent, then have been able collect information from the other governments in question.”

Arar revealed his participation in the Mountie probe Monday, immediately following the ultimate setback in his quest for American justice — the U.S. Supreme Court’s decision to end judicial review of the events that saw him plucked at JFK Airport as a suspected Al Qaeda operative and sent to his native Syria eight years ago.

In a prepared statement, Arar said the U.S. high court decision “eliminates my last bit of hope in the judicial system of the United States.

“When it comes to ‘national security’ matters the judicial system has willingly abandoned its sacred role of ensuring that no one is above the law,” Arar said.

In the wake of the high court decision, the U.S.-based Center for Constitutional Rights called on President Barack Obama and U.S. Congress to follow Ottawa’s lead in issuing an apology and compensation to Arar.

“The courts have regrettably refused to right the egregious wrong done to Maher Arar. But the courts have never questioned that a wrong was done. They have simply said that it is up to the political branches to fashion a remedy,” said CCR attorney David Cole.

“But this decision only underscores the moral responsibility of those to whom the courts deferred — President Obama and Congress — to do the right thing and redress Arar’s injuries.”

Champ said Arar’s co-operation with the RCMP’s Project Prism criminal probe began nearly four years ago and has included “a couple of recorded interviews each year,” including one in 2010.

“Mr. Arar would not be co-operating to this extent if there wasn’t the expectation that this could lead to criminal charges at the end of the process,” Champ said.

RCMP officials in Ottawa on Monday refused to confirm or deny the existence of the probe, citing privacy laws. But its existence is hardly a well-kept secret.

The decision to shift the investigation overseas, however, takes the RCMP down a legal road not widely traveled. Human rights activists note that only the governments of Spain and Italy have pursued terror-related criminal investigations beyond their borders involving American officials.

“It takes some amount of courage to stand up to the U.S. government and I give the RCMP full credit for that,” said CCR Senior Attorney Maria LaHood.

“It underscores the fact that Canada has done the right thing in this case and continues to press the American government to do the right thing.”

Champ said that while an outcome of criminal charges against foreign officials is far from assured, any such decision by the RCMP would set in motion a precise legal sequence.

“Charges would be followed by the issuing of warrants, which go then to Interpol. And if the individuals named enter any country that respects those warrants – and that is most countries – they would be arrested,” he said.

“The trend in international law over the past 10 or 15 years has been moving in this direction, the time for impunity is coming to an end. So this is not over. Mr. Arar’s quest for accountability and justice has not come to an end.”

RCMP goes global with Maher Arar torture probe - thestar.com

[Mel1973]

that won't change anything. deny.deny.deny. The U.S. will admit nothing.

[Grimmlok]

Let's hope the individuals in question visit an Interpol nation and get sent to jail

[Sasha]

courts have no right to interfere in these decisions of the Executive Branch.

WHAT THE FUCKING FUCK??? COURTS ARE SUPPOSED TO BE A CONSTITUTIONALLY EMPOWERED CHECK AND BALANCE ON THE POWER OF THE EXECUTIVE!!!!

We're in the twilight zone folks. Through the looking glass. Down the rabbit hole.

We're in deep shit.

[Grimmlok]

yep. why bother having judiciary or legislative branches at all. just let the president-dictator be THE DECIDER

[Sasha]

yep. why bother having judiciary or legislative branches at all. just let the president-dictator be THE DECIDER

By abdicating their constitutional responsibilites in re: the Executive this is EXACTLY what the court is saying.

[MrsDark]

So if any of you abruptly stop posting and vanish from our midst we have one explanation.

[Mel1973]

yes, send someone to Damascus to fish us out of our "grave cell"!

[Sasha]

So if any of you abruptly stop posting and vanish from our midst we have one explanation.

I imagine I'll be the first, followed by Grimm...who is apparently NOT safe just because he's Canadian. Stay home Grimm, DO NOT come to AmeriKKKa.

[Grimmlok]

I don't plan on it. There's no way in hell I'll visit any country where I have no rights.

Although, if they really wanted to they could just send a Predator drone up here, whack me, and claim it was an "unfortunate incident".

[Just Kill Me]

Yes, the US is a totally evil new world order police state torture monger.

Still very amusing that Canada is paying the guy millions because this was all started by the erroneous information Canada gave to the US.

Anyway, yeah the shit the US has been doing needs to stop and there should be some accountability. It looks like Canada is trying to its part NOW.

[visitor42]

Then, Canada's Prime Minister personally and publicly apologized to Arar, and announced that Canada would compensate him with a payment of $ 8.5 million.

Good, the US should apologize and compensate as well. Based on the actions of the second circuit court, it looks like Congress would have to act.

Arar was appealing a November 2009 ruling [JURIST report] by the Second Circuit, which held he could not sue the US government for damages. The appeals court, sitting en banc, dismissed Arar's suit, finding that a civil remedy for harms endured as a result of extraordinary rendition must be created by Congress alone.