5-4 United States v. Zubaydah
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Apr 29, 2025 The podcast explores the Supreme Court case about government-sanctioned torture, focusing on the implications of state secrets and national security. It highlights the ethical dilemmas of U.S. counterterrorism measures post-9/11 and critiques the judicial system's handling of Zubaydah's case. The discussion also addresses the failures of the liberal establishment in holding itself accountable, raising concerns about transparency and civil liberties. Humor intersperses serious legal analysis, making complex topics accessible and thought-provoking.
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Zubaydah's Torture Experience
- Abu Zubaydah was captured post-9/11 and subjected to brutal torture for years in CIA black sites, including in Poland.
- His experiences include 83 waterboardings in one month, prolonged sleep deprivation, and confinement in extremely small boxes.
State Secrets Privilege Misused
- The state secrets privilege was used to block testimony about known CIA black sites, despite widespread public knowledge of their existence.
- Courts accepted that confirming these known secrets would harm national security relationships, showing the privilege protects secrecy even when widely known.
Judicial Check on Executive Curtailed
- The judiciary's role in checking executive power over classified information was sidelined in this case.
- Justice Gorsuch dissented, arguing courts can conduct in-camera reviews and use protective orders instead of outright dismissal.