INFORMATION WANTS TO BE FREE:

The Supreme Court heard oral arguments Wednesday on whether the U.S. government can be made to disclose information about the alleged torture of a detainee who was suspected of being an al Qaeda operative, or if certain details should remain protected as state secrets.

Zayn al-Abidin Muhammad Husayn, commonly known as Abu Zubaydah, is currently being held at Guantanamo Bay, Cuba, while Polish authorities are investigating the circumstances surrounding his apprehension and detention. His attorneys sought a subpoena for testimony and documents from former CIA contractors who conducted the "enhanced interrogation" at a "black site." But while the federal government claims that they cannot divulge certain information due to the risk of revealing state secrets, Justice Neil Gorsuch asked why they cannot just ask Abu Zubaydah himself.

"Why not make the witness available?" Gorsuch asked as acting Solicitor General Brian Fletcher was about to begin his rebuttal toward the end of the morning's arguments. "What is the government's objection to the witness testifying to his own treatment, and not requiring any admission from the government of any kind?"

Fletcher said that because Abu Zubaydah is being held at Guantanamo, he is subject to the various communication limitations and security screenings as everyone else there.

"That's not really answering my question, I don't think," Gorsuch said. "I'm asking much more directly: Will the government make the petitioner available to testify on this subject?"

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