
With no explanation, the Supreme Court has denied a day in court to a German citizen of Lebanese descent who says he was kidnapped by the CIA and imprisoned and tortured, all because he was mistaken for a terrorist with a similar name. The justices on Tuesday refused to review a decision by a federal appeals court that Khaled El-Masri couldn't sue former CIA Director George J. Tenet for damages because a trial might reveal "state secrets."
Whatever the explanation, the court's refusal to hear El-Masri's appeal shouldn't be the end of the story. This country has an obligation to apologize to -- and compensate -- victims of an anti-terrorist operation gone awry. And judicial inaction actually strengthens the case for action by Congress to prevent the CIA from committing such outrages in the future. Even when there is no case of mistaken identity, the United States shouldn't be spiriting suspects away to secret prisons abroad where they can be subjected to "enhanced interrogation techniques."
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