On September 8, 2010, the U.S. Court of Appeals for the Ninth Circuit voted 6-5 to affirm dismissal of an ACLU lawsuit that challenged the CIA’s “extraordinary rendition” program – the program under which suspected terrorists captured overseas are transported to other countries for purposes of interrogation. The decision was a victory for WLF, which filed a brief urging dismissal. The appeals court agreed with WLF that the CIA convincingly demonstrated that allowing the case to go forward would create unacceptable risks that highly classified information would be disclosed, and that the disclosure would cause serious damage to national security. The decision overturns a 2009 decision issued by a three-judge panel of the Ninth Circuit. The panel had held that the case should be allowed to go forward based on publicly available evidence and that the trial court should consider secrecy claims only with respect to specific evidentiary issues that might arise.