Attempts to prevent judicial review of the rendition and torture programs are moreover an official position of President Obama's administration. On May 12, the administration filed a brief to the Supreme Court about whether to hear an appeal from Maher Arar in his lawsuit against former Attorney General Ashcroft and other Bush administration figures. Arar was kidnapped from New York's JFK Airport and rendered secretly to Syria, where he was tortured for almost a year. His suit was dismissed by a federal circuit appeals court. Now, President Obama's Acting Solicitor General, Neal Katyal, has pronounced the administration's position that further deliberations on Mr. Arar's suit are "unwarranted." The former Solicitor General, Elena Kagan, who was involved in U.S. decision-making on the case, is now a nominee for the Supreme Court.
and Tainted Justice
