Background Briefing: October 6, 2021
The Lawyer for Abu Zubaydah Whose Case Was Heard Today by the Supreme Court
We begin with today’s oral arguments in the Supreme Court in the case of Abu Zubaydah in what is seen as a test case on state secrets since Zubaydah has tried to subpoena two CIA contractors in a Polish case investigating CIA black sites. The U.S. government has blocked the subpoenas based on the claim that information could be released that would harm national security, an argument the justices did not seem to buy since the sites are public knowledge and have been closed down. The lawyer representing Abu Zubaydah, Joe Margulies, Professor of Law and Government at Cornell University, a civil rights attorney and critic of the national security state and the author of What Changed When Everything Changed: 9/11 and the Making of National Identity and Guantánamo and the Abuse of Presidential Power, joins us. Having been in limbo at Guantanamo for decades, Abu Zubaydah was held in CIA black sites and his interrogation in 2002 and 2003 prompted the Bush Administration to draft the infamous “torture memos.” We discuss the frustration the Supreme Court justices expressed at the U.S. government’s lawyer today for not letting Zubaydah testify in person, and how the two CIA contractors in the case have agreed to testify but are not allowed to.
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