The Ninth Circuit court of federal appeals embraced the Obama and Bush administration’s spurious arguments that Americans cannot be permitted to know the details of Bush-era torture. But the court, in one of the most optimistic moments in recent judicial history, declared that its decision “does not preclude the government from honoring the fundamental principles of justice.”
Of course, the executive branch doesn’t have to honor any such principles – because the court permitted them to hide their crimes behind the doctrine of “state secrets.”
Amazingly, Judge Alex Kozinski – often reputed to be the most libertarian-leaning appellate judge in America – cast the deciding vote in favor of immunity for torturers in the 6-5 decision.
Glenn Greenwald has an excellent piece on the ruling.