ACLU in court over rendition flights

by James Oliphant

The American Civil Liberties Union goes to court today in Northern California to prevent dismissal of its suit against a subsidiary of Chicago-based Boeing Co. over its alleged participation in the government's terrorist rendition program.

The ACLU says that Jeppesen Dataplan, Inc. conducted more than 70 flights in a four-year helping the Central Intelligence Agency transport accused terrorists to secret sites overseas where they could be interrogated and tortured.

It points to an affidavit from a former Jeppesen employee, who said he attended a meeting in which a senior Jeppesen executive freely admitted that the company did the rendition flights, calling them "torture flights" and saying the company was well-paid for its services.

After the ACLU filed the action in a San Jose, Calif. federal court, the government intervened in the case, asking the court to dismiss it because of the so-called "state secrets privilege," which says that litigation of a dispute involving classified government information cannot go forward without jeopardizing national security. Use of the privilege has skyrocketed since the 9/11 attacks.

The ACLU argues that the information needed to pursue the claim is already within the public domain. "The CIA is once again abusing the claim of 'state secrets' to avoid judicial oversight and accountability," Ben Wizner, a lawyer for the ACLU, said in a statement.

The lawsuit was brought on behalf of five foreign nationals who were kidnapped and secretly transferred to U.S.-run prisons or foreign intelligence agencies overseas where they say they were subjected to harsh interrogation techniques and torture. It charges that Jeppesen knowingly aided the program by providing flight planning and logistical support services for aircraft and crews used by the CIA to transport the victims.

Jeppesen has yet to respond to the allegations in court papers, awaiting the outcome of the government's motion to dismiss.