U.S. seeks dismissal of terror lawsuit

SAN JOSE, Calif. — Bush administration lawyers cited national security concerns Tuesday in urging a federal judge to toss out a lawsuit accusing a Boeing subsidiary of illegally helping the CIA secretly fly terrorism suspects to overseas prisons to be tortured.

The American Civil Liberties Union sued Jeppesen Dataplan Inc. last year in San Jose federal court, accusing it of aiding the CIA in the "forced disappearance, torture and inhumane treatment" of five suspected terrorists in violation of national and international laws.

The ACLU alleges that Jeppesen, based in San Jose, knowingly participated in the program by supplying aircraft, crews and logistical support to the CIA flights.

On Tuesday, Justice Department lawyers asked U.S. District Judge James Ware to toss the lawsuit without further litigation because of unspecified national security risks.

In an earlier court filing, CIA Director Michael Hayden invoked the "state secrets privilege," which would let him bar evidence sensitive to national security from being used in court.

The judge appeared sympathetic to Hayden's position Tuesday, but declined to rule immediately.

Ware said he would issue a written opinion soon.

ACLU lawyers argued Tuesday that Hayden's security concerns are trumped because the rendition program is public knowledge.

"No interrogation method alleged ... is a secret," ACLU attorney Ben Wizner said.

"Every one of those has been publicly disclosed and confirmed and in the public record."

President Bush also has confirmed the existence of the rendition program.