this is justice stephen breyer questioning abu zubaydah's attorney david klein. >> why don't you ask zubaydah? why doesn't he testify? he was there. why doesn't he say this is what happened? they won't deny it, i don't think if he is telling the truth. >> you're talking about mitchell or jessen? >> i'm saying the person who was there. isn't he your client? >> abu zubaydah cannot testify. >> why not? >> because he is being held in comedic auto in guantanamo -- incommunicado. >> the words were active combat operations against taliban fighters, apparently going on in afghanistan. they are not anymore. why is he there? >> that is a question to put to the government. >> have you filed a habeas to get him out? >> there has been a habeas pending in d.c. for the past 14 years. >> you just let it sit there. >> personally i am not handling that proceeding. my understanding is that we have done everything we could to move it forward but it simply has not moved forward. amy: that is an excerpt from the oral arguments in the sipping court -- in the supreme court arguments -- we are joined by raymo

they won't let abu zubaydah testify.you want to know what happened there, we need to question james mitchell and bruce jessen, who i must say are privately willing to provide this informaon. they said we have no objection, we are happy to sit down for a dip is -- for a depositn. it was the united states government that intervened and said their testimony is a state secret. the other thing i want to observe, even mitchell and jessen, when they were torturing him in thailand after six ys of virtual 24 hour a day torture, they decided they were done, that they had emptied the content of his head and concluded they had gotten all the information they needed from him or all the information he had to give. they cabled that to cia headquarters in langley. mitchell believes it was jose rodriguez who cabled back, in james mitchell's words, you guys are a bunch of pussi, you have to continue this. blood is going to be on your hands if there is another attack. keep torturing him. sothey did for another two week what they eventually

>> by the witness you mean abu zubaydah? >> right?oing to address this that goes to justice breyer's questions about his condition. he is not being held incommunicado. his keen vacations are subject to security screening or classified information and other security risks but is able to make it with his lawyers -- >> that's not really answering my question i don't think because i understand there are protocols that may or may not, in the governments view, prohibit him from testifying. but in asking much more directly with the government make petitioner available to testify on this subject? >> we would allow him to commit to get about the subject under the same terms as on anything else. >> the same terms. look, i don't understand why he still there after 14 years. it's hard to, but assuming that is in this case why not do just what just as gorgeous as? just say hey, , you want to ask what happened, , asking what happened. maybe this is special. >> because the detainees at guantÁnamo are all subject to a regime, a protective order in th

>> abu zubaydah cannot testify because he's being held incommunicado. he's been held in guantanamo. >> why? we said you could hold people in guantanamo. the words were active combat operations against taliban fighters going on in afghanistan. but they are not anymore. why is he there? >> that's a question to put to the government? >> have you filed a habeas to get him out? >> there is one pending in d.c. for the last 14 years. >> you just let it sit there? >> i'm personally not handling that proceeding. my understanding is we did everything we could to move it forward but it simply has not moved forward. >> i think i understand. because you are held in guantanamo, you're not permitted to sign affidavits or give testimony? >> that is correct. >> what you're saying to me is you believe what is missing from the polish investigation is someone that says on this date, regardless of where it is, abu zubaydah was tortured. >> that is right. >> and that goes to the government's mosaic theory and this is what you are disavowing because it is not a state secret t

it's abu zubaydah's interests we represent. he is a private individual. he is certainly not the polish government. he was not given direction by the polish government. when the mlats were denied for the 7th time, yes, the prosecutor did say, as i understand it not having been there myself, said to the polish lawyer for abu zubaydah, i don't have anything. you have rights under the law. why don't you submit something? and so that was a self-initiated act. that was not an instance of the polish prosecutor saying go file a 1782 request and see what comes of it. that's not why we were there. >> mr. klein, i may just not be understanding this, but when you say it's not a secret, i mean, there are several things that aren't secrets. there's plenty of evidence that the petitioner was tortured in some location. but is there, in fact, evidence that he was tortured in the dates that you're trying to establish that he was tortured in? in other words, i thought that the senate report actually talks a good deal about the petitioner's -- that the torture the petitioner

. >>> plus, abu zubaydah. i'll talk to the man who captured him, former cia intelligence officer and former whistle-blower john kiriakou. >>> good evening. i'm mehdi hasan. nine months after the storming of the united states capitol, the attempt to overturn the results of the 2020 election is still under way. we are in the midst of a rolling coup. almost every day republicans pass more voter suppression laws. they purge more and more election officials and they entrench the big lie that the election was stolen. just check out this weekend. >> and the republicans have to stay strong. you have to stay strong. you have to fight. bring our country back. >> do you feel that enough has been done for a free and fair election for these congressional races in 2022? >> we are making great improvements. and as you say, 18 states. but we've also been able to stop hr-1 where the democrats would have greater control of our election, of what we could actually say, a speech czar to make the democrats have greater control when

everybody knows that abu zubaydah was tortured. it's not a state secret. into court and just say national security, and oftentimes that's enough to get a case dismissed. >> but you believe abu zubaydah should be released? >> i actually do, as crazy as that might sound. he has been incarcerated, not just incarcerated, but tortured mercilessly at guantanamo and at a series of secret prisons for almost 19 -- i'm sorry, almost 20 years now. we captured him on the night of march 22nd, 2002. so here we are 20 years later, and the man has never been charged with a crime. whether we like him or not, whether we like his politics or not are irrelevant. he has the same constitutional rights that the rest of us have, and if he's as bad a guy as we say he is, then he should be charged with a crime and he should have his day in court. 9/11. we didn't talk much on the anniversary about the torture we did after 9/11. the only cia person to go to prison was you for exposing it. the president who authorized that torture and still defends waterboarding, george w. bush is bei

and that's what abu zubaydah's lawyers want to find out.act is that the government has made a commitment to its allies that it would never reveal the places where these black sites were, and they said to do so now would violate u.s. national security. so they don't want abu zubaydah to be able to question two former cia contractors who helped design and carry out the torture program. that's the essence of it. and today, the supreme court struggled with whether that could be done, whether the case should be sent back to the lower courts to sort of sort through this and decide what they could say and what they couldn't. but the surprising turn in this, hallie, was that three supreme court justices, stephen breyer, neil gorsuch, and sonia so so toe sonia sotomayor, will the government make him available. justice sotomayor said we want a clear answer. bryan fletcher, the acting attorney general, said that's not my decision to make. abu zubaydah has been under defense department control and his lawyers say in essence he's being held incommunicad

abu zubaydah was held at a c.i.a. site in poland after 9/11. a u.s.port found that he was waterboarded more than 80 times. so far, the trump and biden administration have blocked his requests. in the philippines, the son and namesake of ex-dictator ferdinand marcos filed today to run for president next may-- triggering protests. demonstrators burned effigies of both marcos' and president rodrigo duterte, an ally. they accused the late president marcos of human rights abuses and outright theft. >> ( translated ): the marcos's remain scot-free from jail. they haven't returned all the money that they had got from the nation's coffers, and now they are making a comeback in the highest position in the land. >> woodruff: president duterte is not running again, but his daughter is. back in this country, the u.s. housing and urban development department moved today to prevent evictions from public housing. it follows the expiration of a nationwide moratorium on all evictions during the pandemic. the new rule calls for giving public housing tenants 30 days not

. >>> plus, abu zubaydah.kou.