US Supreme Court agrees to decide case of Guantanamo detainee seeking details on CIA 'black sites'
Supreme Court passes on Second Amendment cases challenging lifetime gun ownership ban
The Supreme Court declined to hear three Second Amendment cases challenging a federal ban on gun ownership for people convicted of nonviolent crimes.By not taking the appeals, the nation's highest court let stand a series of lower court rulings that prohibited people convicted of driving under the influence, making false statements on tax returns and selling counterfeit cassette tapes from owning a gun.
WASHINGTON – Theagreed Monday to decide a case from a Guantanamo Bay detainee who is battling with the federal government for information about his detention in a CIA "black site" following .
The court will likely hear arguments this fall.
Abu Zubaydah is seeking a court order to subpoena two CIA contractors who developed the interrogation techniques used by President George W. Bush's administration in overseas facilities in the wake of the attacks, which lawmakers in both parties, international courts and human rights groups have called torture. The federal government counters that thewould reveal state secrets.
Guantanamo detainees eligible for COVID-19 vaccine
Detainees at the U.S. military's Guantanamo Bay detention facility in Cuba are eligible for the COVID-19 vaccine as of Monday, the military command in charge of the base confirmed."The mission of Joint Task Force Guantanamo Bay (JTF-GTMO) is to provide safe, legal and humane care to, and custody of, the detainee population," a U.S. Southern Command spokesperson said in a statement. "Vaccines have been made available to all detainees who volunteer to receive them after being informed and educated about the COVID-19 vaccine.
Zubaydah was picked up by Pakistani authorities working with the CIA in 2002 and was believed to be a high-level member of al-Qaida. A report by the Senate Intelligence Committee in 2014 found the CIA "" Zubaydah's role in al-Qaida.
After a federal district court quashed the subpoenas because of the risk that government secrets could be revealed, the California-based U.S. Court of Appeals for the 9th Circuit ordered that the sensitive details be segregated from other information that potentially could be released. The 2-to-1 majority wrote that it agreed much of the information should be kept secret but ruled the district court erred by protecting all of it.
Americans agree: Court packing is dangerous
If Biden and Congress move ahead with expanding the Supreme Court, most Americans will not be on their side.So said Joe Biden in 1983. He was denouncing Franklin D. Roosevelt's "court packing" plan, which would have empowered the president to appoint up to six new justices to the nation's highest court. But fast forward to 2021, and President Biden is singing a different tune.
In a dissent, Judge Ronald Gould wrote that the decision "jeopardizes critical national security concerns in the hope that the district court will be able to segregate secret information from public information that could be discovered."
President Donald Trump's administration appealed to the Supreme Court in December.
Zubaydah, the first detainee in the CIA program, was subjected to waterboarding and noise and sleep deprivation, according to the Senate committee’s report and court documents. He also spent hundreds of hours in a "confinement box," which officials have described as "coffin-sized."
In 2015, the European Court on Human Rights found Zubaydah was detained at a CIA site in Poland and said it was "inconceivable" he was not also tortured there.
Zubaydah filed a criminal complaint in Poland in 2010, seeking to hold officials responsible for their role in his detention. His request for the subpoenas is tied to that case and his effort to establish the details of the facility – precisely the kind of information that the U.S. government says would undermine national security.
Closing Guantánamo is long overdue
Detainees should be repatriated, unless it can be shown that doing so poses imminent risk to our national security. Secretary of Defense Lloyd Austin should be directed to appoint independent and impartial fact-finders (e.g., retired military judges, retired federal or state court judges or experienced members of the bar) to make that finding.And at long last, the Guantánamo prison, with justice, could be closed.Sometimes it takes an outsider to remind us who we are or ought to be. Mohamedou Slahi, the Mauritanian, does that for us.
"The United States has declassified a significant amount of information regarding the former CIA program, including the details of Abu Zubaydah’s treatment," the Trump administration told the court last year. "The United States, however, determined that certain categories of information – including the identities of its foreign intelligence partners and the location of former CIA detention facilities in their countries – could not be declassified without risking undue harm to the national security."
This article originally appeared on USA TODAY:
Eddie Gallagher's shocking claim that SEALs intended for detainee to die .
Former SEAL Eddie Gallagher makes shocking claim that ISIS detainee died as part of a plan to practice medical procedures on him and that his fellow SEALs agreed to idea. Gallagher, the senior enlisted leader of his SEAL platoon and a medic, provided medical care to the detainee including the insertion of a breathing tube to his throat, but denied allegations that the detainee died after he stabbed him.