No. 20-827October Term 2020Decided Jul 13, 2022
United States v. Zubaydah
The justices are being asked whether courts can keep discovery going when the government says the subject involves state secrets.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jul 13, 2022
- What it's about
This case was about whether Abu Zubaydah could obtain testimony from former CIA contractors for use in a Polish investigation into his alleged mistreatment at a CIA site in Poland. The United States argued that letting discovery go forward would reveal state secrets by confirming or denying the existence of a clandestine CIA facility there.
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.
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released Jul 13, 2022
- Area
Administrative Law
Briefing
What it's about
Abu Zubaydah wants testimony from former CIA contractors for use in a Polish investigation into his alleged mistreatment at a CIA site in Poland. The United States says that letting discovery move forward could reveal state secrets by confirming or denying a clandestine CIA facility there.
Vote
The case has not been scheduled for argument. The United States says discovery would risk exposing state secrets, while Zubaydah says the testimony is needed for a Polish investigation.
Impact
The case could shape how far courts can go when someone seeks evidence tied to secret intelligence activity. That matters for people seeking proof in foreign investigations, and for government officials or contractors who may be asked to testify.
What's next
Watch for the Court to schedule oral argument or make another procedural move. No decision window is available yet.
What is the core fight in United States v. Zubaydah?
The fight is over whether former CIA contractors can be forced to give testimony for a Polish investigation. The government says even that process could expose protected state secrets.
Why could this case matter beyond Abu Zubaydah?
It could affect future efforts to obtain evidence about secret national security operations. That includes requests aimed at contractors, officials, or records tied to intelligence work.
What should court watchers look for next in this case?
The next key step is whether the Supreme Court sets oral argument. Until then, there is no announced timetable for a final decision.
Decision
What the Court decided
The justices are being asked whether courts can keep discovery going when the government says the subject involves state secrets.
Impact
The case could shape how far courts can go when someone seeks evidence tied to secret intelligence activity. That matters for people seeking proof in foreign investigations, and for government officials or contractors who may be asked to testify.
Not official Court text.
Opinion documents
Timing
Decided July 13, 2022
The Court released its decision on July 13, 2022 without hearing oral argument.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 20-827
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 25, 2026
opinion
opinion | Mar 3, 2022
Petition
brief | Dec 17, 2020
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026