Justices on the Supreme Court demanded the government explain whether Al-Qaeda suspect Abu Zubaydah could testify.
"Why not make the witness [Zubaydah] available? What is the government's objection to the witness testifying to his own treatment and not requiring any admission from the government of any kind?" Gorsuch asked acting Solicitor General Brian Fletcher, representing the Biden administration.
Fletcher, apparently caught off guard, explained that he could not offer an answer without first consulting with the Defense Department. He pledged to comply with the justices' request. Under terms of his detention, Zubaydah is allowed to communicate only with his legal team. Justice Brett Kavanaugh, who was participating virtually in the argument because of a COVID-19 diagnosis last week, attempted to throw the government a lifeline. "Is the US still engaged in hostilities under the AUMF against Al-Qaeda?" he asked.
It is unclear whether the terms of his detention could or would be modified to allow him to testify publicly about his treatment in CIA custody.
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