The Supreme Court ruled this Thursday that the US government does not have to divulge secret information to Abu Zubaydah, who was captured in 2002 in Pakistan and has been residing in Guantanamo Bay since 2006.
The ruling is difficult to cite as it amounts to 1 justice that writes the majority decision with 5 justices joining aspects of the decision and two justices joining in strong dissent. Gorsuch and Sotomayor were the dissenting Justice, with Steven Breyer writing the majority fractured opinion.
Gitmo Detainee Loses SCOTUS Case
High court sides with government in Gitmo state secrets case
From abcnews.go.com
2022-03-03 15:49:02
Excerpt:
WASHINGTON — The Supreme Court on Thursday ruled for the U.S. government in a case involving a Guantanamo Bay detainee seeking what the government said is secret information.
Abu Zubaydah, who was captured in Pakistan in 2002, was once thought to be a high-ranking member of the terrorist group al-Qaida. He was tortured while being held at so-called CIA black sites abroad before being transferred to Guantanamo Bay in 2006. Zubaydah was seeking to get the testimony of two former CIA contractors as part of an Polish investigation into his treatment.
Justice Stephen Breyer wrote for the majority that the government had argued “Zubaydah’s discovery request could force former CIA contractors to confirm the location of the detention site and that confirmation would itself significantly harm national security interests.”
“In our view, the Government has provided sufficient support for its claim of harm to warrant application” of the so-called state secrets privilege, he said.
