SAN FRANCISCO AP – A sharply divided federal appeals court on Wednesday threw out a lawsuit challenging a controversial post-Sept. 11 CIA program that flew terrorism suspects to secret prisons.

The complaint was filed by five terrorism suspects who were arrested shortly after 9/11 and say they were flown by a Boeing Co. subsidiary to prisons around the world where they were tortured. The 9th U.S. Circuit Court of Appeals cited national security risks when it dismissed the men’s case in a 6-5 ruling Wednesday.