The
U.S. Supreme Court will decide whether government officials
may be liable for lying to members of the public. Jennifer
Harbury was married to a Guatemalan guerrilla leader who
suddenly disappeared in 1992. She made repeated inquiries
at the State Department. Officials there told her that the
government had investigated the matter and had no knowledge
of her husband's fate. In fact, the CIA had notified the
State Department that the man was being held by a Guatemalan
Army commander who was being paid by the CIA for information
about the guerillas. After over a year of interrogation
and torture, Harbury's husband was executed.
The
D.C. Circuit Court of Appeals held that Harbury could bring
suit against the State Department officials for deceiving
her for the purpose of preventing her from going to court
in 1993-94 to free her husband. If supported by the evidence,
their actions would be in violation of her constitutional
right of access to the courts.
AAJ
filed an amicus brief supporting Harbury, arguing that the
right of access to the courts is a recognized fundamental
right.
Read
AAJ's amicus curiae brief in Christopher v. Harbury