Supreme Court sides with government in Gitmo state secrets case

Case involves Abu Zubaydah, once thought to be a high-ranking member of al Qaeda

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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 Qaeda. 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 a Polish investigation into his treatment.

SUPREME COURT TO HEAR APPEAL OF GUANTANAMO BAY DETAINEE ABU ZUBAYDAH OVER INTERROGATION, DETENTION

Supreme Court Associate Justice Stephen Breyer holds up a copy of the United States Constitution as he announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022.  (AP Photo/Andrew Harnik, File)

Supreme Court Associate Justice Stephen Breyer holds up a copy of the United States Constitution as he announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022.  (AP Photo/Andrew Harnik, File)

Justice Stephen Breyer wrote in an opinion joined by six of his colleagues 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."

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"In our view, the Government has provided sufficient support for its claim of harm to warrant application of the privilege," he said.