United States v. Zubaydah
United States v. Zubaydah (Docket 20–827) is a pending United States Supreme Court case related to the state secrets privilege.
| United States v. Zubaydah | |
|---|---|
 | |
| Argued October 6, 2021 | |
| Full case name | United States v. Zayn al-Abidin Muhammad Husayn, aka Abu Zubaydah, et al. |
| Docket no. | 20-827 |
| Questions presented | |
| Whether the court of appeals erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency (CIA) contractors on matters concerning alleged clandestine CIA activities. | |
| Court membership | |
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Background
Abu Zubaydah was captured by the United States in Pakistan in 2002 and has been alleged to be a member of Al Qaeda. In 2017, he sued in federal court seeking disclosures from Central Intelligence Agency contractors who were allegedly involved in his detention. He prevailed in the district court and a panel of the United States Court of Appeals for the Ninth Circuit affirmed, over Judge Ronald M. Gould's dissent. Judge Daniel Bress, joined by 11 colleagues, dissented from the denial of rehearing en banc.[1]
Supreme Court
Certiorari was granted in the case on April 26, 2021.
References
- Howe, Amy (April 26, 2021). "Justices add new cases on state secrets, free speech". SCOTUSblog. Retrieved July 14, 2021.
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