Today, the majority in a federal Court of Appeals ruled 2-1 against Center for Constitutional Rights client Maher Arar's case against U.S. officials for their role in sending him to Syria to be tortured and interrogated for a year under the extraordinary rendition program.

Maher Arar is not available to comment in person, but is issuing the following statement: "The Court's 2-1 ruling is outrageous. It basically legitimizes what was done to me, and permits the government to use immigration law as a disguise to send people to torture without regard for due process."

The majority ruled that Mr. Arar's constitutional claims that it was a violation of due process to lock him up for two weeks, obstruct his access to a lawyer and a court, and then to ship him to Syria for the purpose of having him interrogated under torture could not be heard in federal court for two reasons. It concluded that adjudicating the claims would interfere with sensitive matters of foreign policy and national security, and that Arar, as a foreigner who had not been formally admitted to the U.S., had no constitutional due process rights with respect to the government's interference with his access to a lawyer and the decision to send him to Syria to be tortured.

Torture doesn't work. In fact, in a counterinsurgency it works against you because it turns the locals against you. That is why the Marines took that guy back to his house. Because they knew we were trying to win that neighborhood's trust, and torturing one of their own was not the way to do it, even if he was working with the Muj. Kill him in open battle, sure, they would understand that, but not torture. It backfires on you everytime. Every story about our hapless spook operators torturing some terror suspect makes every Marine and soldier patrolling through the streets of Iraq and Afghanistan less safe.

The long and the short of it was that an Egpytian national, Abdallah Higazy, was staying in a hotel in New York City on September 11 and the hotel emptied out when the planes hit the towers. The hotel later found in the closet of his room a device that allows you to communicate with airline pilots. Investigators thought this guy had something to do with 9/11 so they questioned him. According to Higazi, the investigators coerced him into confessing to a role in 9/11. Higazi first adamantly denied any involvement with 9/11 and could not believe what was happening to him. Then, he says, the investigator said his family would go through hell in Egypt, where they torture people like Saddam Hussein. Higazy then realized he had a choice: he could continue denying the radio was his and his family suffers ungodly torture in Egypt or he confesses and his family is spared. Of course, by confessing, Higazy's life is worth garbage at that point, but ... well, that's why coerced confessions are outlawed in the United States.

So Higazy "confesses" and he's processed by the criminal justice system. His future is quite bleak. Meanwhile, an airline pilot later shows up at the hotel and asks for his radio back. This is like something out of the movies. The radio belonged to the pilot, not Higazy, and Higazy was free to go, the victim of horrible timing. Higazi was innocent! He next sued the hotel and the FBI agent for coercing his confession. The bottom line in the Court of Appeals: Higazy has a case and may recover damages for this injustice.

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The next day, the Court of Appeals reissued the Higazy opinion. With a redaction. The court simply omitted from the revised decision facts about how the FBI agent extracted the false confession from Higazy. For some reason, this information is classified. Just as the opinion gets interesting, when we are about to learn how an FBI agent named Templeton squeezed the "truth" out of Higazy, the opinion reads at page 7: "This opinion has been redacted because portions of the record are under seal. For the purposes of the summary judgment motion, Templeton did not contest that Higazy's statements were coerced."

The most stunning revelation in a 370-page Justice US Department Inspector General's report released this week was that agents of the Federal Bureau of Investigation had formally opened a "War Crimes" file, documenting torture they had witnessed at the Guantánamo Bay US prison camp, before being ordered by the administration to stop writing their reports.

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The report makes it absolutely clear that torture was ordered and planned in detail at the highest levels of the government--including the White House, the National Security Council, the Pentagon and the Justice Department. Attempts to stop it on legal or pragmatic grounds by individuals within the government were systematically suppressed, and evidence of this criminal activity covered up.

There was no immediate reaction from the White House on these new revelations. Responses from other agencies directly implicated in the crimes at Guantánamo were indicative of the general atmosphere of impunity in which the torture detailed in the IG's report continues to this day.

President George W. Bush's successor should renounce his monarchy. It betters the instruction of King George III, which provoked the Declaration of Independence. Among other things, the 44th president of the United States should do the following promptly upon taking office: Transfer the impending trials of six "high-value" al-Qaida detainees before Spanish Inquisition-like military commissions to civilian courts; repudiate President Bush's kidnappings, secret imprisonments, and maltreatments of suspected al-Qaida supporters abroad on his say-so alone--a page from Hobbes' state of nature; denounce signing statements that declare the president's intent to disregard provisions of bills he has signed into law because he disputes their constitutionality; and end the snobbish custom of former government Brahmins preening in their honorifics after leaving office. The Founding Fathers prohibited titles of nobility to encourage a nonhierarchical culture that honors equality before the law.

While the newly released memo focuses on "asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators," it contains a footnote referencing another Administration memo that caught our eye:

... our Office recently concluded that the Fourth Amendment had no application to domestic military operations.

"If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network," Yoo wrote. "In that case, we believe that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions."

I love how the ends now justify the means.

JOHN YOO'S hitherto secret memo justifying the use of harsh interrogation tactics has finally been declassified and released. As legal scholar Marty Lederman observes, it is hard to see any real justification for having kept the document under lock and key for so long--except, I suppose, that it makes clear there's no wondrous legal proof lurking behind the curtains here, just Mr Yoo's rather extreme (and by now depressingly familiar) view that there is no law higher than presidential whim in time of war. Or, as he puts it, "it is for the President alone to decide what methods to use to best prevail against the enemy."

Local mirror of John Yoo's memo authorizing torture

Bush vetoed a bill that would have explicitly prohibited the agency from using such interrogation methods, which include waterboarding, a technique in which restrained prisoners are threatened with drowning and that has been the subject of intense criticism at home and abroad.

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The Senate's majority leader, Harry Reid of Nevada, said that Mr. Bush disregarded the advice of military commanders, including Gen. David H. Petraeus, who argued that the military's interrogation techniques were effective and that the use of any others could create risks for any future American prisoners of war.

"He has rejected the Army field manual's recognition that such horrific tactics elicit unreliable information, put U.S. troops at risk and undermine our counterinsurgency efforts," Mr. Reid said in a statement.

WASHINGTON (Reuters) - The CIA used a widely condemned interrogation technique known as waterboarding on three suspects captured after the September 11 attacks, CIA Director Michael Hayden told Congress on Tuesday.

"Waterboarding has been used on only three detainees," Hayden told the Senate Intelligence Committee. It was the first time a U.S. official publicly specified the number of people subjected to waterboarding and named them.