By Raymond Bonner, ProPublica
One of the longest-held prisoners in the U.S. global war on terror is finally getting a day in court. Sort of. The prisoner, Abu Zubaydah, who has never been charged with a crime, has been waiting 14 years for a federal judge to rule on his habeas corpus petition that challenges the legality of his detention. But next week, the Supreme Court will hear arguments on a separate case: Zubaydah’s request that he be permitted to take testimony from the two CIA contractors who oversaw his torture.
The Trump administration intervened to block public disclosure about how Zubaydah was treated while in U.S. custody, or even where he was held, and the Biden administration is continuing the fight. In its Supreme Court briefs, the administration has cited an array of arguments against allowing the two men to be deposed, citing everything from the state secrets privilege, which shields highly sensitive government information from being revealed in civil litigation, to the plot of the Oscar-winning thriller “Argo.”
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