Extraordinary Rendition: The Price of SecrecyThe Law Library of Congress is proud to present a new constitutional law item focusing on presidential inherent powers. The article is available in its entirety in PDF on our Web site.
Louis Fisher, "Extraordinary Rendition: The Price of Secrecy," 57 Am. U. L. Rev. 1405 (2008). Assertions of inherent power after 9/11 led to the practice of "extraordinary rendition," claiming that the President possesses independent and plenary authority to seize individuals and transfer them to other countries for interrogation and torture. This article analyzes the source of authority for extradition, rendition, forcible abduction, and extraordinary rendition. For all categories except the latter, the individual is taken to a country for trial and given access to regular procedural safeguards. The article concludes by examining recent litigation on extraordinary rendition.
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