state secrets privilege

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A screenshot from C-SPAN showing headshots of the Supreme Court justices. The caption underneath reads, “State Secrets, Torture & CIA Black Sites; Oral Argument; United States v. Zubaydah”

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Just Security

State Secrets Might Get a Little More Secret

The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…
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