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Court Tells CIA It Can Keep Torture Evidence Secret

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On Wednesday, the Washington D.C. Circuit Court gave the CIA permission to keep secret unredacted transcripts in which 14 prisoners now held at Guantánamo Bay describe abuse and torture they endured in CIA custody - without even looking at the evidence itself. (h/t Kat)

"The Court, giving deference to the agency’s detailed, good-faith declaration, is disinclined to second-guess the agency in its area of expertise through in camera review," Lamberth wrote (.pdf), referring to a procedure where a judge looks at evidence in his chamber without showing it to the opposing side.

The ruling comes in a case where the ACLU filed a government sunshine suit to force the government to unredact allegations from statements from so-called High Value Detainees such as 9/11 plotter Khalid Sheihk Muhammed that the CIA kidnapped and tortured them.

The judge's decision not to look at the blacked-out text to see if secrets are involved allows the Bush Administration to continue to hide its use of torture techniques, according to Ben Wizner, a staff attorney with the ACLU National Security Project.

The CIA says that releasing the transcripts would harm national security - by revealing torturous interrogation techniques and which nations were complicit in facillitating those tortures. That's not how they phrase it, but that's what the double-speak actually means.

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