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CIA flight carried secret from Guantanamo

| August 7, 2010 9:00 PM

WASHINGTON (AP) - A white, unmarked Boeing 737 landed in Guantanamo Bay, Cuba, before dawn on a CIA mission so secretive, many in the nation's war on terrorism were kept in the dark.

Four of the nation's most highly valued terrorist prisoners were aboard.

They arrived at Guantanamo on Sept. 24, 2003, years earlier than the U.S. has ever disclosed. Then, months later, they were just as quietly whisked away before the Supreme Court could give them access to lawyers.

The transfer allowed the U.S. to interrogate the detainees in CIA "black sites" for two more years without allowing them to speak with attorneys or human rights observers or challenge their detention in U.S. courts. Had they remained at the Guantanamo Bay prison for just three more months, they would have been afforded those rights.

"This was all just a shell game to hide detainees from the courts," said Jonathan Hafetz, a Seton Hall University law professor who has represented several detainees.

Removing them from Guantanamo Bay underscores how worried President George W. Bush's administration was that the Supreme Court might lift the veil of secrecy on the detention program. It also shows how insistent the Bush administration was that terrorists must be held outside the U.S. court system.

Years later, the program's legacy continues to complicate President Barack Obama's efforts to prosecute the terrorists behind the Sept. 11, 2001, attacks.

The arrival and speedy departure from Guantanamo were pieced together by The Associated Press using flight records and interviews with current and former U.S. officials and others familiar with the CIA's detention program. All spoke on condition of anonymity to discuss the program.

Top officials at the White House, Justice Department, Pentagon and CIA consulted on the prisoner transfer, officials said.

The American Civil Liberties Union renewed its call for a broad criminal investigation into the detention program Friday.

"Secret detention constitutes a grave breach of the Geneva Conventions, and the officials who authorized the CIA's secret prisons and torture program should be held accountable," Jameel Jaffer, the ACLU's deputy legal director said.