The lawsuit targets psychologists James Mitchell and Bruce Jessen, who ran a Spokane, Washington-based company that made millions of dollars from the CIA to develop methods to extract information that included waterboarding, starvation and sleep deprivation.
Attorneys for the American Civil Liberties Union, who represent the three former detainees, told US District Court Judge Justin Quackenbush yesterday that they have all the information they need to proceed in the case.
Quackenbush asked why the new administration had anything to do with the case.
"This started months ago when you had a long-serving director of the CIA and attorney general," the judge said.
Attorney Brian Paszamant, who represents Jessen and Mitchell, said he needs access to redacted government files to defend his clients.
During the telephone hearing, Quackenbush noted that taxpayers are footing the defense bill for Mitchell and Jessen.
The cost represents "a total figure that would almost equal a reasonable settlement in this case, he noted.
Quackenbush conceded, however, that the questions involving sensitive records and the upcoming deposition of one plaintiff in South Africa could cause him to delay the trial currently scheduled for June 26.
The lawsuit was filed in 2015 by the ACLU, representing Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud and the estate of Gul Rahman.
Rahman was taken from his home in Pakistan in 2002 to a secret CIA prison in Afghanistan. He died of hypothermia several weeks later after being shackled to a floor in near-freezing conditions.
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