United States v. Zubaydah | Case No. 20-827 | Date Argued: 10/6/2021 | Date Decided: 3/3/2022

Question 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 harm to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency contractors on matters concerning alleged clandestine CIA activities.

Holding: The judgment is reversed, and the case is remanded. 938 F. 3d 1123, reversed and remanded. JUSTICE BREYER delivered the opinion of the Court with respect to all but Parts II–B–2 and III, concluding that, in the context of Zubaydah’s §1782 discovery application, the Court of Appeals erred in holding that the state secrets privilege did not apply to information that could confirm or deny the existence of a CIA detention site in Poland.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 4-1. Justice Breyer delivered the opinion of the Court, except as to Parts II-B-2 and III. Chief Justice Roberts joined that opinion in full, Justices Kavanaugh and Barrett joined as to all but Part II-B-2, Justice Kagan joined as to all but Parts III and IV and the judgment of dismissal and Justices Thomas and Alito joined Part IV. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Alito joined. Justice Kavanaugh filed an opinion concurring in part, in which Justice Barrett joined. Justice Kagan filed an opinion concurring in part and dissenting in part. Justice Gorsuch filed a dissenting opinion, in which Justice Sotomayor joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D.C. For Respondents: David F. Klein, Washington, D.C.