Whether the district court may order two CIA contractors who devised and implemented the post-9/11 torture program to testify (as they have done twice before) about nonprivileged information; or if, instead, the Government may prohibit disclosure of even nonprivileged information by invoking the state secrets doctrine.

When President Trump nominated Gina Haspel to be CIA director in March 2018, the CIA began an unprecedented propaganda campaign to promote her confirmation by the Senate. The CIA’s campaign selectively disseminated information perceived as favorable to Haspel while hiding her deep involvement in torture and abuse during the Bush administration. The CIA strategically whitewashed Haspel’s past, including her supervision of a secret prison in Thailand where she oversaw the torture of Abd al-Rahim al-Nashiri.

In November 2002, the CIA tortured Afghan citizen Gul Rahman to death. The CIA covered up his death for years and continues to hide information about the whereabouts of his body from his grieving family.

In a history-making lawsuit, the ACLU challenged the CIA on behalf of Khaled El-Masri, an entirely innocent victim of rendition who was released without ever being charged.