Hilzoy has a terrific post on the courts and the whole problem of rendition and secret trials. This quote, I think, puts the whole thing in focus:
"By no means do we endorse El-Masri's theory that publicly reported information concerning his alleged rendition is ineligible for protection under the states secrets doctrine simply because it has been published in the media." --El Masri v. Tenet, 4th Circuit, footnote 5.
This is what happens when you let wingnuts pack the courts.
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