Thursday, a military commission judge at Guantánamo Bay will hear oral argument on the American Civil Liberties Union’s challenge to censorship of torture testimony at the trial of the 9/11 defendants. This will be the ACLU’s first appearance arguing before the tribunal.

In May, the ACLU filed a motion asking the commission to deny the government’s request to prevent the public from hearing all statements by the defendants about their torture and detention while in U.S. custody. On that basis, the motion asks the commission to bar a delayed audio feed of the proceedings, or, in the alternative, promptly release an uncensored transcript.


The government contends that any statements by the defendants’ concerning their “exposure” to the CIA’s detention and interrogation program are presumptively classified as “sources, methods and activities” of the U.S. and can be withheld from the public. A group of 14 press organizations will also be arguing Thursday for the media’s right to access all of the commission's proceedings.