United States v. Zubaydah
2022 United States Supreme Court case
United States v. Zubaydah, 595 U.S. 195 (2022), was a United States Supreme Court case related to the state secrets privilege. Abu Zubaydah, an alleged Al Qaeda operative, was tortured by two Central Intelligence Agency (CIA) contractors in a black site in Poland. He sought testimony from these contractors in 2017, but the federal government blocked the request, arguing that any information about the black sites was classified. In a 7–2 vote, the Supreme Court ruled against Zubaydah.
Background
Abu Zubaydah was captured by the United States in Pakistan in 2002 and has been alleged to be a member of Al Qaeda. While in custody he had been transferred to multiple sites, including several black sites operated by the Central Intelligence Agency (CIA), before he was transferred indefinitely to the Guantanamo Bay detention camp by 2003. While the information on these sites was classified, activities at one site in Poland became public knowledge after Zubaydah and his counsel requested an investigation in 2010 from Polish officials into his treatment while at a black site in Poland. The report found that Zubaydah had been subjected to waterboarding and other forms of torture at the black site under direction of two CIA contractors.
Zubaydah sought disclosures from the two contractors in 2017 through federal courts to testify to their role in his detention.
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