Biden’s Legacy: Enhancing The ‘State Secrets Privilege’ To Protect The National Security State
Abu Zubaydah, a high-profile detainee at Guantanamo Bay, was tortured by the CIA. He attempted to subpoena James Mitchell and Bruce Jessen, both architects of the agency’s torture program who interrogated him at a black site in Poland. However, the CIA invoked the “state secrets privilege” to block Zubaydah from seeking testimony that could be used in a Polish criminal investigation.
The case involving the state secrets privilege was eventually heard by the United States Supreme Court, and the court not only ruled in favor of the CIA but also expanded the privilege.