The Tension Between the C.I.A. and Democracy

The lead article in today’s New York Times, “Court Dismisses a Case Asserting Torture by C.I.A.,” illustrates the perpetual conflict between the requirements of democratic, civil society and the need to protect ourselves from enemies who have no such limitations.

The article describes a 6-5 ruling by a federal appeals court asserting that alleged victims of C.I.A. torture in overseas prisons had no right to bring lawsuits over the matter. The Obama administration sided with the C.I.A. in the case.

Though I fundamentally disagree with the ruling — you always have to watch out for infringements of basic rights — it does have that element of yelling “fire” in a crowded theater. The argument goes that there are some limits to our rights, for example, the right of free speech does not protect people from situations that can cause imminent physical danger — you can’t yell fire in a crowded theater.

We have a similar situation in this case. The need for national security to protect all Americans may circumscribe the right to a jury trial in our courts in certain situations. Counterterrorism in certain cases mandates some limits of civilian rights.

In this case, a Boeing subsidiary was accused of transporting prisoners overseas where they were tortured. The A.C.L.U. filed the case on behalf of the prisoners.

Of course, an appeal to the Supreme Court is anticipated, but I think the ruling will be upheld.