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Law and Society Spring 2022
Section 1 . 1

United States v. Zubaydah

State Secrets

C.E. Field

The U.S. Government asserted the state secrets privilege in withholding documents relating to enhanced interrogation techniques used on Zubaydah.  The court ordered the docs produced.  US is appealing.

The Supreme Court will decide whether the 9th Circuit was wrong to substitute its evaluation of harm to national security over the government's.

Oral argument audio and transcript available via Oyez link.

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