El-Masri v. US – 4th Cir. 2007 (Packet I, p. 50) – German citizen rendered by CIA.
Court upheld government’s state secrets privilege – dismissed action
To prevail, EM would have to produce evidence about how CIA supervises, organizes, and staffs super sensitive intelligence operations.
Arar v. Ashcroft – 2d Cir. 2008 (Packet I, p. 50) – Canadian rendered to Jordan, driven to Syria. Tortured in Syria, despite US diplomatic assurances that Arar would not be tortured.
Dismissed – litigation would necessitate disclosure of classified information.
Problem with federal subject matter jurisdiction
Obama Executive Orders
Special interagency task force reviewing rendition practices.