The two justices bluntly accused the court of betraying its duty to “the search for truth.”
that the executive has an inherent constitutional authority to withhold clandestine information that implicates national security or foreign affairs. No one suggests it is absolute, but no one seems to understand its limits, either. On Thursday, seven justices declared that the CIA had put forth legitimate reasons to conceal the information that Zubaydah seeks—chiefly, that it would hinder intelligence cooperation with other nations.
The facts are hard to face. We know already that our government treated Zubaydah brutally—more than 80 waterboarding sessions, hundreds of hours of live burial, and what it calls “rectal rehydration.” Further evidence along the same lines may lie in the government’s vaults. But as embarrassing as these facts may be, there is no state secret here. This Court’s duty is to the rule of law and the search for truth. We should not let shame obscure our vision.
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