Much has been written about the denial of due process for the five plaintiffs who claim to have been victims of the extraordinary-rendition program. But equally disturbing is the message that this verdict sends to individual American citizens, like the former Jeppesen employee, who felt a call to conscience that made him speak out, even at the risk to his own future employment, because he believed that secret kidnapping and torture were crimes in a country founded on the idea that all people, not just Americans, have inalienable rights, including protection from cruel and inhumane punishment. That his allegations could receive a public hearing in the press, but not a legitimate hearing in the American system of justice—even under an Administration headed by a former professor of constitutional law—is a daunting reflection of the clout wielded by the national-security bureaucracy in Washington, in the age of the Long War.
This isn't the beginning, but this isn't the end.