Two Balls, One Court

2. US v Zubaydah and US Intelligence In the Post-9/11 Era


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In our post-9/11 world, it’s safe to say that 9/11 gave the CIA complete and total control over the release of any information potentially related to terror. More specifically in this case, the CIA wields “State Secrets Privilege,” which allows the government to withhold any information that comes forward in litigation it suspects could compromise national security. For those interested in the legacy of Guantanamo Bay and what it means for American security in a post-9/11 world, US v. Zubaydah is one of the most prominent challenges to state secrets privilege to date. For more background on Abu Zubaydah, we recommend this article by The Rendition Project. But for this case, the question the court must answer is whether the CIA must confirm details related to the detention of Abu Zubaydah for a legal proceeding in Poland (not even a case in the United States).

Tune in for:

  • Legal discussion on the “State Secrets Privilege”
  • Thoughts on American security in the post-9/11 era
  • How it might feel when a Supreme Court justice calls your argument “farcical”
  • To put it mildly, fuming, rage from Justice Gorsuch towards one attorney during rebuttal
  • Last but not least, we rate how well one side’s Murder On the Orient Express reference landed with US Supreme Court Justices
  • ...more
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    Two Balls, One CourtBy John Ball

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