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Meshal v. Higgenbotham

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said that Amir Meshal's allegations of abuse were "quite troubling," but stated that he is unable to pursue claims that agents violated his constitutional rights because the events took place overseas during a terrorism investigation. The court stated: "Matters touching on national security and foreign policy fall within an area of executive action where courts hesitate to intrude absent congressional authorization."
74:. In the lawsuit, Meshal alleges he was "interrogated more than thirty times by U.S. officials who failed to adhere to the most elementary requirements of the Fourth and Fifth Amendments and the Torture Victim Protection Act of 1991" and "U.S. officials repeatedly threatened Mr. Meshal with torture, 200:
The lawsuit, which the American Civil Liberties Union filed on Meshal's behalf, says US officials sent him back to Somalia and eventually to Ethiopia, where he was imprisoned in secret for several months. He says FBI agents accused him of receiving training from Al Qaeda and subjected him to harsh
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Meshal filed a legal action for violation of his rights in 2009. In 2014 a lower court dismissed the case. On October 23, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the lower court decision, (with a Dissenting opinion filed by Circuit Judge Pillard.). The ruling
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Patrick G. Eddington concludes "Mr. Meshal has fallen into a legal black hole, where the light of justice is extinguished in the name of national security. The appellate court decision means that American citizens have no means available to hold the government accountable for violating their
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interrogations while denying him access to a lawyer, his family, or anyone else. He was released in May 2007 with no explanation, according to the lawsuit.
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Eight years after Mr. Meshal's rendition, his case ended up before a three-judge panel of the United States Court of Appeals for the District of Columbia.
43: 50:(FBI), Chris Higgenbotham and Steve Hersem, and two other unknown U.S. government officials for their roles in subverting Meshal's rights under the 28: 214: 55: 160: 47: 95:
constitutional rights, simply because the United States conveniently denied those rights in another country of its choosing."
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AMIR MESHAL, APPELLANT v. CHRIS HIGGENBOTHAM, FBI SUPERVISING SPECIAL AGENT, IN HIS INDIVIDUAL CAPACITY, ET AL., APPELLEES
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Argued May 1, 2015 Decided October 23, 2015 No. 14-5194 (accessed 3 Nov. 2015)
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In January 2007, while fleeing to Kenya after the fighting broke out in the
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United States Court of Appeals for the District of Columbia Circuit
215:"How the F.B.I. Can Detain, Render and Threaten Without Risk" 175:"Appeals court says American can't sue FBI over abuse claims" 98:
In June 2017, the Supreme Court declined to hear the case.
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in December 2006, Meshal was captured by forces of the
155: 153: 151: 115: 113: 111: 8: 72:Combined Joint Task Force – Horn of Africa 44:natural born citizen of the United States 107: 56:Torture Victim Protection Act of 1991 7: 255:Civil liberties in the United States 213:Patrick G. Eddington (2015-11-03). 139:"Meshal v. Higgenbotham complaint" 14: 16:US interrogation torture lawsuit 227:from the original on 2019-02-20 191:from the original on 2015-10-25 48:Federal Bureau of Investigation 125:American Civil Liberties Union 36:American Civil Liberties Union 1: 46:, charging two agents of the 78:, and other serious harm". 271: 173:Sam Hananel (2015-10-23). 68:War in Somalia (2006–2009) 52:United States Constitution 121:"Meshal v. Higgenbotham" 21:Meshal v. Higgenbotham 76:forced disappearance 40:Amir Mohamed Meshal 220:The New York Times 262: 239: 238: 233: 232: 210: 204: 203: 197: 196: 170: 164: 157: 146: 145: 143: 135: 129: 128: 117: 270: 269: 265: 264: 263: 261: 260: 259: 245: 244: 243: 242: 230: 228: 223:. p. A31. 212: 211: 207: 194: 192: 172: 171: 167: 158: 149: 141: 137: 136: 132: 119: 118: 109: 104: 92:New York Times, 84: 82:Court decisions 64: 17: 12: 11: 5: 268: 266: 258: 257: 247: 246: 241: 240: 205: 165: 147: 130: 106: 105: 103: 100: 83: 80: 63: 60: 15: 13: 10: 9: 6: 4: 3: 2: 267: 256: 253: 252: 250: 237: 226: 222: 221: 216: 209: 206: 202: 190: 186: 185:Washington DC 182: 181: 176: 169: 166: 162: 156: 154: 152: 148: 140: 134: 131: 126: 122: 116: 114: 112: 108: 101: 99: 96: 93: 88: 81: 79: 77: 73: 69: 61: 59: 57: 53: 49: 45: 41: 38:on behalf of 37: 34:filed by the 33: 30: 27: 23: 22: 235: 229:. Retrieved 218: 208: 199: 193:. Retrieved 180:Boston Globe 178: 168: 133: 97: 91: 89: 85: 65: 20: 19: 18: 62:Allegations 231:2020-05-26 195:2020-05-26 102:References 249:Category 225:Archived 189:Archived 54:and the 90:In the 32:lawsuit 29:federal 142:(PDF) 24:is a 42:, a 26:U.S. 251:: 234:. 217:. 198:. 187:. 183:. 177:. 150:^ 123:. 110:^ 58:. 144:. 127:.

Index

U.S.
federal
lawsuit
American Civil Liberties Union
Amir Mohamed Meshal
natural born citizen of the United States
Federal Bureau of Investigation
United States Constitution
Torture Victim Protection Act of 1991
War in Somalia (2006–2009)
Combined Joint Task Force – Horn of Africa
forced disappearance



"Meshal v. Higgenbotham"
American Civil Liberties Union
"Meshal v. Higgenbotham complaint"



AMIR MESHAL, APPELLANT v. CHRIS HIGGENBOTHAM, FBI SUPERVISING SPECIAL AGENT, IN HIS INDIVIDUAL CAPACITY, ET AL., APPELLEES
"Appeals court says American can't sue FBI over abuse claims"
Boston Globe
Washington DC
Archived
"How the F.B.I. Can Detain, Render and Threaten Without Risk"
The New York Times
Archived
Category

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