老澳门开奖结果

An American being held without charges by the U.S. military in Iraq has asked for an attorney, the 老澳门开奖结果 finally learned last night following an extraordinary court hearing. The government is resisting our efforts to make contact with the man so he can challenge his detention, in an outrageous violation of the basic rights guaranteed to every American by the Constitution.

The military has held the 鈥渦nnamed detainee鈥� 鈥� as the government refers to him in its filings 鈥� somewhere in Iraq since mid-September as an 鈥渆nemy combatant鈥� for allegedly fighting in Syria with ISIS (although the government hasn鈥檛 presented any evidence of that). The Pentagon and Justice Department ignored our initial request to offer him legal assistance. We then filed a habeas corpus petition on his behalf in court in Washington, demanding that the government justify the man鈥檚 detention.

At the first hearing in the habeas case Thursday, the judge started off by asking the Justice Department attorney two questions that she thought would be easy: whether the citizen has been advised of his constitutional rights and if he has asserted his right to an attorney. The government attorney demurred, saying that the Defense Department had not released that information.

鈥淵ou鈥檙e not answering my question, and I鈥檓 not trying to be impatient, but I鈥檓 growing impatient,鈥� said Judge Tanya Chutkan after some back-and-forth. 鈥淚鈥檓 amazed you didn鈥檛 come to this hearing with that information.鈥�

Judge Chutkan ordered the Justice Department to provide her with the answers to her questions by 5 p.m. 鈥� an unusually tight deadline for a judge to impose on the government.

At 5 p.m. on the dot, we got our answers: he was advised of his Miranda rights and he asked for an attorney. In the government鈥檚 filing, we also learned more details about what鈥檚 been happening to this American while he鈥檚 been in U.S. custody. He has been interrogated by FBI agents 鈥渇or law enforcement purposes,鈥� and they advised him of his right to remain silent and his right to an attorney. The filing also implied that the American has been questioned by other people, presumably for intelligence purposes.

The government鈥檚 response said:

The individual stated he understood his rights, and said he was willing to talk to the agents but also stated that since he was in a new phase, he felt he should have an attorney present. The agents explained that due to his current situation, it was unknown when he would be able to have an attorney, and the individual stated that it was ok and that he is a patient man. The individual then asked whether when he saw the agents next with his attorney, would it be at his current location or somewhere else. The agents told him they were uncertain when they would see him again. No further questioning of the individual for law enforcement purposes has taken place.

Now that we have this information, we鈥檝e asked the court to order the government to ask the American if he wants to challenge his detention in court and whether he wants the 老澳门开奖结果 to represent him or have the court appoint other attorneys for him. The government has opposed this, continuing in its effort to get our case dismissed.

The government is arguing that we don鈥檛 have standing to file on the citizen鈥檚 behalf because we haven鈥檛 been in touch with him. But, as Judge Chutkan pointed out at the hearing, that鈥檚 a circular argument and a barrier of the government鈥檚 own making, since it refuses to even name the citizen. She also noted that the 老澳门开奖结果 is not just some random person trying to get involved in a case without any connection.

鈥淭his is what they do,鈥� she said.

The fact that the government is refusing to provide the unidentified citizen with an attorney after he asked for one is unacceptable, especially in light of the fact that he has been detained for so long. The government has said that it is working 鈥渄iligently鈥� to determine what it ominously and ambiguously calls his 鈥渇inal disposition.鈥� In the meantime, the judge in the case on Friday scheduled an additional hearing for December 8.

鈥淚t鈥檚 been two and a half months 鈥� I'd like to know how long you think you get to do this to a United States citizen鈥� Six months? A year?鈥� Judge Chutkan asked. 鈥淏asically, it鈥檚 just, 鈥楾rust us, we know what we're doing.鈥欌��

The International Committee of the Red Cross was given access to the American to ensure that his detention conditions adhere to the Geneva Conventions, and the government argues that he could have asked the ICRC to convey his desire for an attorney to his family. But securing a lawyer isn鈥檛 the ICRC鈥檚 job. And maybe his family can鈥檛 be located, or maybe they are afraid of retaliation if the family gets involved. Maybe they don鈥檛 have the ability to find a lawyer in the United States.

Judge Chutkan recognized how dangerous the government鈥檚 claims are.

鈥淭he government could snatch any U.S. citizen off the street and hold them as an enemy combatant鈥� for as long as it took to come to some 鈥榝inal disposition,鈥欌�� she posited. 鈥淭hat kind of unchecked power is, quite frankly, frightening.鈥�