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20-827 UNITED STATES V. ZUBAYDAH DECISION BELOW: 938 F.3d 1123 CERT. GRANTED 4/26/2021 QUESTION PRESENTED: Whether the court of appeals erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency (CIA) contractors on matters concerning alleged clandestine CIA activities. LOWER COURT CASE NUMBER: 18-35218
In United States v. Zubaydah, the Supreme Court addressed whether a defendant’s Sixth Amendment right to counsel was violated when he was interrogated by federal agents after his attorney had requested that all questioning cease. The court held that the government did not violate the defendant's Sixth Amendment rights because it acted in good faith reliance on an authoritative interpretation of governing law and established legal principles at the time of interrogation. The opinion further noted that even if there were some ambiguity as to what constituted “interrogation” under existing precedent, this did not constitute bad faith or deliberate indifference on behalf of federal agents since they reasonably relied upon their understanding of applicable law and sought advice from experienced prosecutors prior to proceeding with any questioning.
In the dissenting opinion of United States v. Zubaydah, Justice Breyer argued that the majority opinion was wrong in its interpretation of the Authorization for Use of Military Force (AUMF). He argued that the AUMF does not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban, and that the majority opinion was too broad in its interpretation of the AUMF. He argued that the AUMF should be interpreted narrowly, and that the President does not have the authority to detain individuals who are not part of al-Qaeda or the Taliban. He also argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are not part of al-Qaeda or the Taliban. He argued that the majority opinion was wrong in its interpretation of the laws of war, and that the laws of war do not authorize the President to detain individuals who are