A federal appeals court ... dismissed a lawsuit [on September 8] accusing a Bay Area aviation-planning company of arranging CIA flights of [captives] to overseas dungeons. The ruling is a victory for both President George W. Bush's administration, which directed the rendition program and acknowledged its existence, and the Obama administration, which ... argued that it was too sensitive to be litigated in court. The American Civil Liberties Union said it would appeal to the Supreme Court. The high court has refused to review two rulings by other appeals courts dismissing suits against the government by men who said they were abducted by the CIA and flown to foreign torture chambers. Not a single victim of the Bush administration's torture program has had his day in court," ACLU lawyer Ben Wizner said. Jeppesen, a Boeing Co. subsidiary, was described in a 2007 Council of Europe report as the CIA's aviation services provider. In a court declaration in the current suit, a company employee quoted a director as telling staff members in 2006 that Jeppesen handled the CIA's "torture flights." Dissenting Judge Michael Hawkins said the courts should decide legal disputes rather than "permitting the executive to police its own errors." He also said the court should have kept the case alive and required the government to show why specific evidence should remain secret.
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