Justice Samuel Alito wrote that a federal appeals court had made an error when looking at the case. He said that the appeals court was wrong to conclude that the longstanding “state secrets” privilege.
A lower court dismissed almost all their claims after the government said allowing the case to go forward could reveal state secrets — whom the government was investigating and why. But an appeals court reversed that decision in 2019, saying the lower court first should have privately examined the evidence the government said was state secrets.
Yassir Fazaga, one of the three plaintiffs in the case said the outcome “could have been better” but that he was glad “we still have the ability to fight for our case.” Ali Malik, another one of the plaintiffs, said he was “relieved that the Supreme Court will allow our case to continue.” Before the Biden administration took over, the Trump administration had also urged the court to rule against the men.
The case was one of two involving state secrets that the court heard in the fall. In the other case, which the court decided Thursday, the justices also sided with the government. There, the justices ruled to dismiss a case involving a Guantanamo Bay detainee captured after the Sept. 11 attacks and tortured by the CIA abroad, who had sought information about his treatment.Most Read
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