Nonetheless, the judges ruled, they could not publish it, owing to evidence from Mr Miliband that America would retaliate by withholding vital intelligence in future, thereby placing Britain at risk. With majestic disdain, they expressed surprise “that a democracy governed by the rule of law would expect a court in another democracy to suppress…evidence [that] was relevant to allegations of torture…” Mr Miliband's lawyers confirmed that under the Obama administration the position had not changed.

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