'Former President Obama conceded that Zubaydah was tortured. In the course of seeking a tribunal that would hear his claims, Zubaydah asked the Polish government to investigate criminally the interrogations that took place at a CIA black site in Poland.'
in Poland, Stare Kiejkuty. Since much of the supporting evidence was located in the United States, Zubaydah had to petition a US District Court for an order compelling its production. Federal law allows for such a petition, but when it was filed, the US government objected, citing the state secrets doctrine. The case worked its way up to the Supreme Court and the Court ruled for the first time in years on the scope and application of the doctrine.US v.
It is this last question—whether the SSP applies to already-known information—that the Court took on in its recent opinion. The existence of Stare Kiejkuty is well-known, described in various sources. And the witnesses whose testimony Zubaydah sought to procure had already testified in similar proceedings.
The opinion is fragmented and takes some careful reading to understand. While seven justices signed on to Justice Breyer’s reasoning about publicly known secrets, only six of them agreed that the case should be dismissed at this stage . Justice Thomas urged the Court to go even further than it did, opining that Zubaydah’s need for the information was not great and that therefore there was no reason for the Court to proceed any further with its analysis. Thomas’ concurrence is not compelling.
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