Court Tosses Lawsuit Against Boeing in Transport of CIA Terrorism Suspects

A divided federal appeals court has dismissed a lawsuit against a Boeing subsidiary for its role in ferrying terrorism suspects to foreign countries for interrogation by the CIA.

Voting six to five, the judges of the Ninth Circuit Court of Appeals cited secrecy grounds in ruling for Jeppesen Dataplan Inc., The New York Times reported.

The decision is a blow to the American Civil Liberties Union, which filed the suit on behalf of five former detainees who claimed they were tortured as part of the CIA's extraordinary rendition program. The ACLU accused Jeppesen of being complicit in the alleged torture.

Judge Raymond Fisher, writing for the majority, noted the sharp divide among the panel members:

This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them. On those rare occasions, we are bound to follow the Supreme Court's admonition that "even the most compelling necessity cannot overcome the claim of privilege if the court is ultimately satisfied that [state] secrets are at stake." United States v. Reynolds, 345 U.S. 1, 11 (1953). After much deliberation, we reluctantly conclude this is such a case, and the plaintiffs' action must be dismissed.

The Times called the ruling a major victory for the Obama Administration in its effort to "advance a sweeping view of executive secrecy power" and continue certain terrorism policies put in place by the Bush White House.

The ACLU said it would appeal to the Supreme Court.

Read the court's decision here.