"We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials ... relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be."
“We had no reason ... to anticipate there would be made a threat of the gravity of the kind made by the United States Government that it would reconsider its intelligence sharing relationship, when all the considerations in relation to open justice pointed to us providing a limited but important summary of the reports.”
Lord Justice Thomas and Mr Justice Lloyd Jones, protesting threats made by the Obama government that they would cease intelligence sharing should the court make public evidence of the use of torture to extract information, in today's ruling on the case of Binyam Mohammed.
Yes, the Obama administration most definitely did reiterate the original threat:
The threat has sparked an angry reaction in London after Lord Justice John Thomas and Mr Justice Lloyd Jones told the court lawyers for Mr Miliband had made clear the threat represented too great a risk to national security to be ignored.
The court was also told that Mr Mohamed's lawyers had tested the new administration of President Barack Obama and that the warning stood.
British newspapers highlighted the hypocrisy of the statement, particularly as it emerged just 24 hours after US Secretary of State Hillary Clinton made much of the "special relationship" between the two countries.
Andrew Sullivan's comment on this is also pertinent:
[The US government's warnings are] . . a threat to hurt the security of a very close ally unless the British government intervenes into a court process to suppress evidence of US torture. In a critical test of the Obama administration, the demand that such evidence be suppressed was reiterated. (I don't know by whom. Panetta isn't in place yet. Brennan? Clinton?) And that's how illegal torture spreads throughout a legal and military system to undermine alliances as well as the rule of law. The poison of Cheney is still in the system. And it will be for a long time.