This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Focus (Forum & Focus)

Oct. 17, 2007

Supreme Court Decision Leaves State Secrets Doctrine in Dire Need of Reform

Forum Column - By Sharon Bradford Franklin - A German citizen who claims that he was abducted and tortured by the U.S. government in a case of mistaken identity will not get his day in court, a development that underscores the country's need to balance security with due process.

FORUM COLUMN

By Sharon Bradford Franklin

By all accounts, Khaled El-Masri was an innocent victim of the United States' policy of extraordinary rendition. According to his sworn declaration, he was mistakenly held in U.S. custody for almost five months, during which time he was beaten, drugged, repeatedly interrogated and held in solitary confinement at a CIA-run "black site" in Afghanistan. He was then abandoned, blindfolded and alone in Albania more than ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up