The Supreme Court ruled in March that Americans have no right to learn the grisly details of CIA torture because the CIA has never formally confessed its crimes. The case symbolizes how the rule of law has become little more than legal mumbo-jumbo to shroud official crimes. And it is another grim reminder that Americans cannot rely on politically approved lawyers wearing bat suits to save their freedoms.
In 2002, the CIA captured Abu Zubaydah, a Palestinian radical, in Pakistan and falsely believed he was a kingpin with al Qaeda. The CIA tortured him for years in Thailand and Poland. As Justice Neal Gorsuch noted, the CIA “waterboarded Zubaydah at least 80 times, simulated live burials in coffins for hundreds of hours,” and brutalized him to keep him awake for six days in a row. The CIA has admitted some of the details of the torture, and Zubaydah’s name was mentioned more than a thousand times in a 683-page Senate report released in 2014 on the CIA torture regime. But the Supreme Court permitted the CIA to pretend that the case is still secret.