A divided appeals court reversed an order quashing a Guantanamo Bay detainee’s subpoena for details of his treatment while held at a Central Intelligence Agency black site in Poland for use in a foreign investigation into his alleged torture.
A panel for the U.S. Court of Appeals for the Ninth Circuit ruled that a district court wrongfully dismissed the detainee’s request for a subpoena without taking the time to parse aspects of the discovery that were not deemed state secrets but could result in public outcry.
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