United States Supreme Court, U.S. v. Zubaydah, 595 U.S. ___ (2022), 3 March 2022

Counter-terrorism operations. Extraordinary renditions. State secrets privilege. Torture.

U.S. Constitution

1. Facts that are already well-known by the general public are not excluded from the scope of the state secrets privilege, insofar as they have never been officially confirmed by the U.S. administration. 

2. Although the plaintiff sought the release of information that he could use in a criminal proceeding, to bring charges against those who had allegedly tortured and mistreated him, the state secrets privilege applies if national security could be harmed by the disclosure of such information.