On Mar 3, 2022, the Court decided United States v. Zubaydah, a case which concerned whether the 9th circuit erred when it rejected the United States’ assertion of the state secrets privilege based on the court’s own assessment of potential harms to national security, and required discovery to proceed further under 28 U.S.C 1782(a) against former CIA contractors on matters concerning alleged clandestine CIA activities. In a 7-2 opinion authored by Justice Breyer, the Court held that the U.S. Court of Appeals for the 9th Circuit’s judgment that the district court erred in dismissing Zubaydah’s discovery request on the basis of the state secrets privilege is reversed, and the case is remanded with instructions to dismiss Zubaydah’s current discovery application.

Joining us today to discuss decision this is Kate Comerford Todd, managing partner at Ellis George Cipollone in Washington, DC. Ms. Todd formerly served as Deputy Counsel to the Office of the President, Chief Counsel for the U.S. Chamber Litigation Center, and has held teaching positions at both George Washington University Law School and Cornell. Ms. Todd has also clerked for Justice Clarence Thomas and Judge J. Michael Luttig of the US Court of Appeals for the Fourth Circuit, and is a graduate of Harvard Law School.