The Supreme Court on Monday agreed to hear a case from a Guantanamo detainee seeking information after he was held in a CIA “black site” following the Sept. 11 attacks.

Abu Zubaydah is seeking to subpoena two CIA contractors who helped develop interrogation tactics used during the George W. Bush administration that international courts later deemed to be torture.

Zubaydah was captured in Pakistan in 2002 as a member of al Qaeda and has been in U.S. custody ever since, spending time in numerous facilities, where he says he was subjected to sleep deprivation and was waterboarded 83 times.

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The government has acknowledged his time in custody “included the use of enhanced interrogation techniques.” 

A federal district court previously sided with the government, who argued that that subpoenas risk revealing state secrets. But the 9th Circuit Court of Appeals ordered the information segregated so that the rest could potentially be released.

The Trump administration appealed that decision in December. 

Prior to being held at Guantanamo, Zubaydah was held at various CIA sites in Europe. In 2015 the European Court on Human Rights found it was inconceivable he was not tortured there while another 2018 decision found he was at “serious risk of torture and ill-treatment.”

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The European Commission said Friday that Apple has abused its dominant position for music streaming apps through its App Store. 

The commission’s statement cites app developer’s mandatory use of Apple’s in-app purchase system that charges developers up to 30 percent commission fees on all subscriptions bought through the app, as well as Apple’s “anti-steering provisions” which limit app developers from informing users of alternative purchasing possibilities outside of apps. 

“We can now do our shopping, access news, music or movies via apps instead of visiting websites. Our preliminary finding is that Apple is a gatekeeper to users of iPhones and iPads via the App Store,” Margrethe Vestager, the commission’s executive vice-president  in charge of antitrust enforcement, said in a statement. 

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“With Apple Music, Apple also competes with music streaming providers. By setting strict rules on the App store that disadvantage competing music streaming services, Apple deprives users of cheaper music streaming choices and distorts competition.” 

The commission said its preliminary view is that Apple’s rules distort competition in the music streaming market, and that in turn leads to higher prices for consumers for their in-app music subscriptions on iOS devices. 

If the preliminary findings are confirmed, Apple could face fines or be forced to change some of its business practices. The timeline of the process is unknown. 

A spokesperson for Apple did not immediately respond to a request for comment. 

The statement of objections about Apple Music’s dominance follows up on a complaint by music streaming app Spotify. 

Apple said the commission’s “argument on Spotify’s behalf is the opposite of fair competition.”

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“Spotify has become the largest music subscription service in the world, and we’re proud for the role we played in that,” Apple said in a statement. 

The company said Spotify doesn’t pay Apple commission on “over 99% of their subscriber’s” and only pays a 15 percent commission on the remaining subscribers they get through the App Store.

“At the core of this case is Spotify’s demand they should be able to advertise alternative deals on their iOS app, a practice that no store in the world allows. Once again, they want all the benefits of the App Store but don’t think they should have to pay anything for that,” Apple’s statement continues.

Spotify cheered the commission’s statement.

“Ensuring the iOS platform operates fairly is an urgent task with far-reaching implications. The European Commission’s Statement of Objections is a critical step toward holding Apple accountable for its anticompetitive behavior, ensuring meaningful choice for all consumers and a level playing field for app developers,” Spotify’s head of global affairs and chief legal officer Horacio Gutierrez said in a statement. 

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Gutierrez was among executives from app companies that testified last week at a Senate Judiciary antitrust hearing on app store market power. 

He and other app executives accused Apple of anti-competitive practices. 

Gutierrez testified that Apple threatened to ban Spotify from the app store in 2013 unless it incorporated in-app payments which would make Spotify subject to the then-30 percent commission fees. 

Apple later launched its own streaming service with Apple Music. 

In addition to the increasing scrutiny from regulators and lawmakers in the U.S. and beyond, Apple is also gearing up for an antitrust trial that begins next week in California federal court. 

Epic Games, the developer behind the popular Fortnite game, is suing Apple over allegations of anti-competitive behavior after the game was kicked out of the Apple app store in August after Epic Games put in place a payment system in an attempt to circumvent the 30 percent commission fees.

The U.S. Court of Federal Claims on Wednesday decided not to dismiss a protest lawsuit filed by Amazon over rival Microsoft being awarded a controversial $10 billion cloud-computing contract instead of Amazon Web Services (AWS).

Microsoft in October 2019 was awarded the Pentagon’s Joint Enterprise Defense Infrastructure (JEDI) cloud computing contract, but Amazon quickly filed the lawsuit alleging that the Trump administration interfered in the award.

The Pentagon’s new cloud system is now in limbo as Judge Patricia Campbell-Smith has issued a sealed decision that effectively deflects Microsoft’s and the Defense Department’s attempt to get work underway on the contract, which has been halted since February 2020.

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The decision is a major win for Amazon as it seeks to prove that then-President TrumpDonald TrumpThey like him, they really like him: Biden and the youth vote Cheney preparing for ‘challenging’ primary battle Trump knocks Biden over time spent discussing border during speech to Congress MORE used “improper influence” to keep the multi-billion dollar contract away from the tech giant.

But the Pentagon could now scrap the contract altogether and restart in an effort to avoid a messy, drawn out proceeding.

In a statement on the decision, AWS again pushed its claims of influence by Trump.

“AWS continues to be the superior technical choice, the less expensive choice, and would provide the best value to the DoD and the American taxpayer.We continue to look forward to the Court’s review of the many material flaws in the DoD’s evaluation, and we remain absolutely committed to ensuring that the Department has access to the best technology at the best price,” according to an AWS spokesperson.

Microsoft released its own statement saying the procedural ruling “changes little.”

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“Not once, but twice, professional procurement staff at the DoD chose Microsoft after a thorough review. . . . We’ve continued for more than a year to do the internal work necessary to move forward on JEDI quickly, and we continue to work with DoD,” Microsoft spokesperson Frank Shaw said in the statement.

The Pentagon did not immediately respond to a request for comment.

Amazon, the leader in the cloud-computing marketplace, was thought to be the front-runner in the competition. But Microsoft is also a popular cloud-computing partner for the federal government and the Pentagon has maintained that the company was simply best-equipped to create the DOD’s cloud infrastructure.

The situation became messy beginning in summer 2019, when Trump began to publicly question whether the JEDI contract was written with Amazon in mind.

Amazon alleges that Trump used “public and behind-the-scenes attacks” to steer the contract away from AWS out of spite for his “perceived political enemy,” Amazon founder Jeff BezosJeffrey (Jeff) Preston BezosCourt declines to dismiss Amazon challenge against JEDI decision Former Washington Post editor Baron signs book deal on Trump era Washington state passes new capital gains tax MORE, who also owns The Washington Post.

Shortly after Trump made his remarks, newly appointed Defense Secretary Mark EsperMark EsperCourt declines to dismiss Amazon challenge against JEDI decision Inspector general chose not to investigate Secret Service in clearing of Lafayette Square: report The paradox of US-India relations MORE opened up a review of the JEDI program in August, pumping the brakes on a process that was already stalled by an unsuccessful court challenge from Oracle – who also bid on the contract – and several government investigations.

But the Pentagon in September reaffirmed its decision to give Microsoft the contract, saying the review determined that Microsoft’s proposal represents “the best value to the Government.”

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Reps. Lisa Blunt Rochester (D-Del.) and Rodney DavisRodney Lee DavisBipartisan lawmakers weigh in on post-pandemic health care costs The Hill’s Morning Report – Presented by Facebook – GOP draws line on taxes; nation braces for Chauvin verdict Overnight Health Care: All adults in US now eligible for COVID-19 vaccine | White House launches media blitz to promote vaccines MORE (R-Ill.) said Tuesday that lowering health care costs should be one of the top priorities as the U.S. emerges from the coronavirus pandemic.

Speaking at The Hill’s “Policy Prescription for Cost & Coverage” event, Rochester said she hopes there will be a greater focus on access to care and the cost of assistance.

Rochester, a member of the House Energy and Commerce Committee, told The Hill’s Steve Clemons that the pandemic has shown the impact of the Affordable Care Act and “how important having access to that care really is.”

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Davis, who also spoke at the event sponsored by PhRMA, argued that talk about health care “gets caught up in this debate over ObamaCare or the Affordable Care Act instead of actually saving families money with the cost of health care, and we’ve got a long way to go.”

Davis said one step in that direction is through drug costs.

“If a pharmaceutical company is willing to help one of my constituents lower the cost for a drug that they need to survive, then insurance companies ought to count that towards their deductible,” he said.

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Davis also said greater access to telehealth services, which exploded in popularity and as a necessity during the coronavirus lockdowns over the past year, can be beneficial.

The Illinois Republican said that’s one aspect of the pandemic he would like to see continued even when COVID-19 is in the rear view mirror.

“Our goal is to continue to highlight the benefits of what we learned during this pandemic,” he said. “If it’s effective during a pandemic then why wouldn’t we keep it?”

 

Happy Monday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: The Supreme Court on Monday agreed to hear a case from a Guantanamo Bay detainee seeking information after he was held in a CIA “black site” following the Sept. 11 attacks.

Abu Zubaydah is seeking to subpoena two CIA contractors who helped develop interrogation tactics used during the George W. Bush administration that international courts later deemed to be torture.

Background: Zubaydah was captured in Pakistan in 2002 as a member of al Qaeda and has been in U.S. custody ever since, spending time in numerous facilities. He says he was subjected to sleep deprivation and was waterboarded 83 times.

The government has acknowledged his time in custody “included the use of enhanced interrogation techniques.” 

A federal district court previously sided with the government, which argued that the subpoenas risk revealing state secrets. But the 9th Circuit Court of Appeals ordered the information segregated so that the rest could potentially be released.

The Trump administration appealed that decision in December.

In other Gitmo news: Over the weekend, we took a look at what, if anything, President BidenJoe BidenOvernight Defense: Supreme Court to hear Gitmo detainee’s request for information on CIA-sponsored torture | General says preparations for Afghanistan withdrawal underway | Army replacing head of criminal investigations division How to get Americans on board with Biden’s bold climate goals OSHA sends draft emergency temporary standard for COVID-19 to OMB review MORE’s withdrawal from Afghanistan could mean for the future of Guantanamo.

At least two prisoners who have been challenging their detention have already updated their complaints to include Biden’s withdrawal as a reason they should be released.

But the war on terrorism will continue even after the last U.S. service member leaves Afghanistan. And the congressional war authorization that has also been used as the legal justification for indefinite detention at Guantanamo does not appear to be going anywhere anytime soon.

“I think the short answer is that we just don’t know,” Steve Vladeck, a University of Texas law professor, said of the withdrawal’s effect on Guantanamo.

PREP FOR AFGHAN WITHDRAWAL UNDERWAY

If you missed it over the weekend, the top U.S. general in Afghanistan confirmed U.S. forces there are getting ready to withdraw in line with Biden’s order.

The official start date for the withdrawal is May 1, or this Saturday, but Gen. Scott Miller told reporters in Kabul on Sunday that all his forces “are now preparing to retrograde.”

“Officially, the notification date will be the first of May. But at the same time, as we start taking local actions, we’ve already begun that,” Miller, commander of U.S. and NATO forces in Afghanistan, continued when asked during a news conference if American withdrawal from bases had begun.

More reinforcements sent: As noted in this newsletter Friday, two B-52 bombers had arrived in the region to help protect U.S. forces from any attack as they withdraw.

On Monday, U.S. Air Forces Central Command confirmed another B-52s arrived at Al Udeid Air Base in Qatar to help with force protection, for a total of four B-52s deployed for the withdrawal.

CNN also reported Monday that about 650 troops, mostly from the 75th Ranger Regiment, will be sent into Afghanistan to provide force protection.

Asked about the report at a press briefing, Pentagon press secretary John Kirby declined to confirm specifics, but reiterated that “you can expect that there will be an addition of posture in Afghanistan to assist with this drawdown to make sure that it is safe and orderly.”

ARMY REPLACING CRIMINAL INVESTIGATIONS HEAD

The Army will replace the head of its Criminal Investigation Command, moving the official less than a year after assigning her to the role.

Defense One first reported Monday that Maj. Gen. Donna Martin, the provost marshal general of the Army and commanding general of Army Criminal Investigation Command since July, will be replaced following scrutiny over how the division handled the slaying of Spc. Vanessa Guillen.

Martin took over the command 10 days after Guillen’s body was found near Fort Hood, Texas. 

What the Army says: The Army put out a statement later on Monday stressing that Martin remains in her current position but that she would be replaced at a later date via a “planned transition” by Brig. Gen. Duane Miller. Miller is currently deputy provost marshal general and deputy commanding general of the command.

Martin’s “next assignment has not yet been announced. The Army announced Feb. 23, 2021 that Brig. Gen. Duane Miller will be Maj. Gen. Martin’s replacement. The change of command date has not been set. This is a planned transition and any insinuation to the contrary is false,” spokesperson Col. Cathy Wilkinson said.

Turnover rate: This would be the second time in two years that the Army has replaced its head law enforcement officer, with Martin replacing Maj. Gen. Kevin Vereen after he had spent a year in the role.  

ON TAP FOR TOMORROW

The Senate Armed Services Committee will hold a hearing on Defense Department management challenges and opportunities with testimony from outside experts at 9:30 a.m. https://bit.ly/3xsq1Nd

Missile Defense Agency director Vice Adm. Jon Hill will testify behind closed doors to the Senate Appropriation Committee’s defense subcommittee at 10 a.m. https://bit.ly/32TUSUQ

Acting Army Secretary John Whitley, Army Chief of Staff Gen. James McConville and commanding general of Army Futures Command Gen. John Murray will participate in a virtual conversation with the Center for a New American Security at 1 p.m. https://bit.ly/3sTJFyn

U.S. Central Command commander Gen. Frank McKenzie will speak at an American Enterprise Institute event at 1 p.m. https://bit.ly/2R36FNX

Chief of Naval Operations Adm. Michael Gilday will participate in a virtual roundtable hosted by the Center for Strategic and Budgetary Assessments at 2 p.m. https://bit.ly/3ex5yOX

A House Foreign Affairs Committee subpanel will hold a hearing the effects of climate change in Africa with testimony from outside experts at 2 p.m. https://bit.ly/3ezY8u6

The Senate Foreign Relations Committee will hold a hearing on U.S. policy in Afghanistan with testimony from U.S. special envoy Zalmay Khalilzad at 2:30 p.m. https://bit.ly/3vmOWjK

ICYMI

— The Hill: Iran’s Revolutionary Guard overrides government decisions, foreign minister says

— The Hill: Pelosi swears in first Black House sergeant-at-arms

— The Ill: Kerry faces calls to step down over leaked Iran tapes 

— Stars and Stripes: Booze, a strip club and a major gone missing: How a 101st Airborne unit went off the rails in Poland

— Bloomberg: Millions in Taliban taxes show who’s in charge as US departs

–Task and Purpose: Special operations unit finally admits its strange tweet did not come from a hacker

— Wall Street Journal: American vets see echoes of Vietnam in Afghanistan withdrawal plan

— Military.com: Pentagon tracking 14 cases of heart inflammation in troops after COVID-19 shots

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President BidenJoe BidenBiden prepping cybersecurity executive order in response to SolarWinds attack Photoshopped deer in Kevlar vests circulate after Biden gun control comment Majority of viewers approved of Biden address to Congress: poll MORE on Wednesday pitched his plan to hike taxes on the wealthy and corporations, saying “trickle-down economics has never worked.”

“It’s time to grow the economy from the bottom and the middle out,” the president said during his first address to a joint session of Congress.

Biden has proposed paying for his $2.25 trillion infrastructure plan through tax increases on corporations, and his new $1.8 trillion plan focuses on helping families through tax hikes on high-income individuals.

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Business groups and Republican lawmakers have pushed back on the tax increases, arguing they would hurt the economy. Some Democrats have also raised concerns, with Sen. Joe ManchinJoe ManchinThe Hill’s Morning Report – Biden to country: ‘Turning peril into possibility’ Democrats face big headaches on Biden’s T spending plan Biden makes case for sweeping change MORE (W.Va.) saying he would prefer to raise the corporate tax rate from 21 percent to 25 percent rather than the 28 percent rate Biden has proposed.

During Wednesday’s speech, Biden reiterated his pledge to not raise taxes on those making under $400,000 per year. He said that he doesn’t want to punish anyone and argued that increasing taxes on the wealthy and corporations was a matter of fairness.

“It’s time for corporate America and the wealthiest 1 percent of Americans to just begin to pay their fair share,” Biden said. “Just their fair share.”

The president referenced a recent report from the left-leaning Institute on Taxation and Economic Policy that found that 55 large corporations paid zero in federal income taxes last year.

“We’re going to reform corporate taxes so they pay their fair share and help pay for the public investments their businesses will benefit from as well,” he said. “And we’re going to reward work, not just wealth.”

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The president’s mention of trickle-down economics was a reference to the school of thought favored by Republicans that tax cuts for the wealthy and corporations will eventually benefit everyone.

Biden highlighted several ways that he wants to raise taxes, including raising the top tax bracket for taxpayers in the top 1 percent from 37 percent to 39.6 percent, raising the capital gains tax for households making more than $1 million and increasing IRS enforcement against wealthy individuals who are not paying the taxes they owe.

Biden contrasted his plans with the 2017 GOP tax cut law, which the president called a “windfall” for corporations and the wealthy. He also noted that billionaires in the U.S. have seen their net worths increase during the pandemic while millions of middle-class people have lost their jobs.

“I believe what I’ve proposed is fair, fiscally responsible,” Biden said. “It raises revenue to pay for the plans I’ve proposed that will create millions of jobs that will grow the economy and enhance our financial standing in the country.”

“When you hear someone say they don’t want to raise taxes on the wealthiest 1 percent or corporate America, ask them, whose taxes do you want to raise instead, and whose are you going to cut?” Biden added.

The Department of Homeland Security (DHS) on Monday announced it will review its processes for assessing threats of domestic extremism.

In a memo, Secretary Alejandro MayorkasAlejandro MayorkasDHS to review process for responding to domestic extremism Texas, Stephen Miller sue to force deportation of children, other migrants due to pandemic Koch groups call on administration to release all temporary worker visas MORE tasks a new internal team with determining how to report and respond to domestic extremism.

“Recent events, including the January 6th attacks on the U.S. Capitol, have highlighted that domestic violent extremism poses the most lethal and persistent terrorism-related threat to our country today,” Mayorkas wrote in the memo. “Given the evolving threat landscape and the grave risks posed by domestic violent extremism, including to our employees and operations, I have directed the department to immediately begin a review of how to best prevent, detect, and respond to domestic violent extremism threats within DHS.”

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DHS is facing a number of inquiries from various congressional committees about its own role in the lead-up to the Jan. 6 attack on the Capitol and how they assessed information and relayed it to other agencies.

The announcement comes at the expiration of a bulletin DHS issued just days after President BidenJoe BidenOvernight Defense: Supreme Court to hear Gitmo detainee’s request for information on CIA-sponsored torture | General says preparations for Afghanistan withdrawal underway | Army replacing head of criminal investigations division How to get Americans on board with Biden’s bold climate goals OSHA sends draft emergency temporary standard for COVID-19 to OMB review MORE was sworn in that warned: “Some ideologically-motivated violent extremists with objections to the exercise of governmental authority and the presidential transition, as well as other perceived grievances fueled by false narratives, could continue to mobilize to incite or commit violence.”

The order also follows a sweeping review of domestic extremism by the intelligence community that determined that militia groups and white nationalists, in particular, pose a heightened threat.

“Narratives of fraud in the recent general election, the emboldening impact of the violent breach of the US Capitol, conditions related to the COVID-19 pandemic, and conspiracy theories promoting violence—will almost certainly spur some [domestic violent extremists] to try to engage in violence this year,” according to the report.

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The Biden administration is expected to commit to cutting U.S. greenhouse gas emissions by at least 50 percent by 2030, two people briefed on the matter told The Washington Post.

A White House spokesperson declined The Hill’s request for comment. A White House official told the Post that a final decision hadn’t been made.

Biden is slated to announce his emissions reduction target for 2030 on Thursday, updating the country’s commitment under the Paris agreement.

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Every several years, countries update their interim targets under the global climate agreement, which aims to limit the planet’s warming to less than 2 degrees Celsius over preindustrial levels.

The Obama administration pledged to reduce emissions by 26 to 28 percent compared with 2005 levels by 2025.

The Post’s sources told the newspaper that officials are weighing a target range, which could go above 50 percent on its upper end.

They reportedly also said that the administration will probably give broad strokes instead of more details into how it will reach the target.

The anticipated announcement will be tied to both Earth Day and a virtual climate summit with other world leaders that will be hosted by the White House.

A number of businesses, European leaders and environmental groups have recently called for the White House to aim for at least a 50 percent emissions cut by 2030.

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Federal prosecutors this week released new video of Capitol Police officer Brian Sicknick being sprayed by rioters during the Jan. 6 insurrection at the Capitol, The Washington Post reported.

The footage, released by prosecutors on Wednesday, shows Sicknick with other police officers trying to restrain members of the mob attempting to enter the Capitol.

A rioter then sprays Sicknick with the chemical substance, after which the officer backs away. Footage then shows the officer trying to wash out his eyes with a bottle of water, according to the Post.

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Authorities say Sicknick, 42, suffered two strokes and died of natural causes a day after the riot.

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The released footage was played in court during the trial of Julian Elie Khater and George Pierre Tanios, two men accused of assaulting Sicknick.

Kanter, 32, and Tanios, 39, face charges of assault on a federal officer with a dangerous weapon, conspiracy to impede or injure an officer and other related counts.

Sicknick was one of five people who died amid the Jan. 6 riot, when pro-Trump supporters stormed the Capitol trying to stop Congress’s certification of President BidenJoe BidenAmericans for Prosperity launches campaign targeting six Democrats to keep filibuster Washington’s split with Turkey widens — but it is up to Turkey to heal the rift Incomes, consumer spending soared in March as stimulus bill boosted recovering economy MORE‘s electoral win.

The FBI has been probing the use of chemical irritants during the riot, and The New York Times last month reported on videos showing the moments Sicknick was attacked and sprayed.

The Environmental Protection Agency (EPA) is reconsidering the Trump administration’s decision to not allow California to set its own vehicle tailpipe emissions standards, the first step in reversing the major climate rollback.  

The EPA on Monday posted a notice seeking public input on whether it was appropriate under certain laws to withdraw a waiver that allowed the state to set its own standards. 

The agency said in a statement that it’s seeking input “for the purposes of rescinding the action taken by the prior administration” and administrator Michael ReganMichael ReganOVERNIGHT ENERGY: Supreme Court considers whether US should pay for Guam hazardous waste cleanup | EPA eyes reversal of Trump revocation of California vehicle emissions waiver | Kerry faces calls to step down over leaked Iran tapes EPA eyes reversal of Trump revocation of California vehicle emissions waiver DC set for jam-packed Earth Day as Biden announces Paris emissions goal MORE indicated that he supports the restoration of California’s ability to set its own standards. 

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“I am a firm believer in California’s long-standing statutory authority to lead. The 2019 decision to revoke the state’s waiver to enforce its greenhouse gas pollution standards for cars and trucks was legally dubious and an attack on the public’s health and wellbeing,” Regan said in a statement. 

“Today, we are delivering on President BidenJoe BidenOvernight Defense: Supreme Court to hear Gitmo detainee’s request for information on CIA-sponsored torture | General says preparations for Afghanistan withdrawal underway | Army replacing head of criminal investigations division How to get Americans on board with Biden’s bold climate goals OSHA sends draft emergency temporary standard for COVID-19 to OMB review MORE’s clear direction to tackle the climate crisis by taking a major step forward to restore state leadership and advance EPA’s greenhouse gas pollution reduction goals,” he added. 

The agency also said Monday that it will be taking a separate action to reconsider a rule that weakened national vehicle emissions and fuel economy standards, and that it plans to propose a new rule in July. 

Not allowing California to set its own standards — which have also been adopted by more than a dozen other states — was considered a major climate rollback, as tighter tailpipe standards are expected to result in a greater share of electric or other lower-emission vehicles being sold. 

The transportation sector is the greatest contributor to climate change, making up 29 percent of greenhouse gas emissions in 2019. 

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The EPA’s move follows an action last week by the Transportation Department’s National Highway Traffic Safety Administration (NHTSA) to propose withdrawing its part of a Trump-era rule that preempted states from setting their own standards.

When it decided not to allow states to set their own standards, the Trump administration argued that it would promote regulatory freedom, certainty and economic growth. 

Opponents of the move said it would worsen pollution and contribute to climate change. 

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