US: Supreme Court weighs request for information on CIA’s post-9/11 torture program

WASHINGTON, 07 October 2021, (TON): The Supreme Court heard arguments over a Guantanamo Bay detainee’s request for information about his alleged torture at the hands of Central Intelligence Agency (CIA) contractors in Poland following the Sept. 11 attacks.

The dispute pitted Abu Zubaydah’s pursuit of evidence about his treatment in a so-called CIA “black site” against the U.S. government’s effort to block its disclosure.

The Biden administration argued that the state secrets privilege, a legal doctrine that lets the government conceal certain information to protect national security, should bar the request. The CIA contractor testimony sought by Zubaydah for use in a Polish criminal prosecution, if permitted, would risk damaging U.S. relations with foreign allies, the administration said.

“I think everyone acknowledges the importance of trust in covert relationships,” Brian Fletcher, a Justice Department lawyer who argued the government’s case, told the justices.

He said “The contractors were integral to the program, they’d be testifying under oath about information that they’ve learned in the CIA and is subject to confidentiality requirements, and they’d be doing so in a proceeding designed to investigate and prosecute alleged former allies abroad.”

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