Supreme Court Blocks Search of GITMO Detainee for CIA Torture Testimony


Zubaydah sought information from contractors James Mitchell and John Jessen, who designed and implemented Post-September. 11 interrogation program, regarding his treatment in 2002 and 2003 at the site, the Supreme Court ruling states. It was intended for a Polish investigation.

The Supreme Court concluded that any discovery would directly confirm or deny the existence of a CIA detention site in Poland, and that there is a “reasonable danger” that could harm national security interests. Six judges ruled that the current discovery request should be dismissed.

The decision underscores the statement by then CIA Director Mike Pompeo that he did not confirm or deny the accuracy of public speculation about his cooperation with Poland despite the passage of time, changes in the public opinion or media reports.

“In a nutshell, publicly confirming the existence of a CIA site in country A, may diminish the extent to which the intelligence services of countries A, B, C, D, etc., will show willingness to cooperate with our own intelligence services in the future,” Breyer wrote.

Nothing in the evidentiary record casts doubt on the conclusion that the government met its obligation to show that state secrets privilege should apply, Breyer wrote.

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