Supreme Court asks U.S. if Guantanamo inmate can testify on torture in state secrets case

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Supreme Court justices asked if the U.S. would allow a Guantanamo Bay detainee to testify about his alleged torture and confinement by the CIA.

The question arose at the end of oral arguments about the government's effort to stop two ex-CIA contractors from testifying about the treatment of that detainee, Abu Zubaydah, at an alleged "black site" in Poland.

This undated file photo provided by U.S. Central Command, shows Abu Zubaydah, date and location unknown. The Supreme Court is hearing arguments about the government's ability to keep what it says are state secrets from a man tortured by the CIA following 9/11 and now held at the Guantanamo Bay detention center. At the center of the case being heard Wednesday is whether Abu Zubaydah can get information related to his detention.

Zubaydah in 2017 asked a U.S. district court to authorize subpoenas to question ex-CIA contractors James Mitchell and John Jessen about a site in Poland where Zubaydah alleges he was held and tortured. Their testimony would be part of an investigation being conducted by Polish authorities. The United States flag flies inside of Joint Task Force Guantanamo Camp VI at the U.S. naval base in Guantanamo Bay, Cuba, March 22, 2016.Fletcher told the court Wednesday that Zubaydah is not being held "incommunicado" but is subject to the same restrictions as other Guantanamo detainees.

 

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