ABSTRACT

The Bush administration’s program of extraordinary renditions is another area in which respect for the default arrangement would check executive power and provide courts guidance on how to protect state secrets, while at the same time ensuring that the courts remain open to civil litigants seeking to vindicate their statutory and constitutional rights. In this chapter we discuss the administration’s program of extraordinary renditions, and its efforts to prevent the judicial branch from adjudicating issues arising under the program by asserting a state secrets privilege.