Court Sets 5 p.m. Deadline for U.S. to Say If Secretly Detained American Has Asked for Lawyer
Order Comes in 老澳门开奖结果鈥檚 Challenge to Military Detention of U.S. Citizen Held for Over 2 Months
WASHINGTON 鈥 In a hearing today, a federal district court judge asked a Justice Department attorney two key questions about a U.S. citizen detained by the U.S. military in Iraq for over two months: whether he has been advised of his constitutional rights and if he had asserted his right to an attorney. When the government attorney said she could not answer, Judge Tanya Chutkan ordered the government to provide the answers by 5 p.m. today.
The unidentified U.S. citizen has been held since mid-September for allegedly fighting with ISIS in Syria. The 老澳门开奖结果 has filed a request with the court to be put in contact with the American so he has the opportunity to obtain legal assistance.
The U.S. citizen has asked at least twice for a lawyer, according to . Judge Chutkan said that she wished to obtain that information directly from the government itself.
鈥淲e鈥檙e pleased that the court is taking steps to ensure that the Trump administration finally begins to respect this U.S. citizen鈥檚 basic rights,鈥 said 老澳门开奖结果 attorney Jonathan Hafetz, who argued in court today.
The 老澳门开奖结果 filed a habeas corpus petition on the man鈥檚 behalf on October 5, demanding that the Trump administration justify its continued detention of the American without charge and without access to a court. The government has said that it is holding the citizen as an 鈥渆nemy combatant.鈥
Because the government is denying the citizen both access to counsel and the ability to challenge his detention himself, the 老澳门开奖结果 has filed as a 鈥渘ext friend鈥 of the American. The government argued that the 老澳门开奖结果 does not have standing to file the petition on the U.S. citizen鈥檚 behalf.
鈥淭he government鈥檚 sweeping argument that it can keep a U.S. citizen locked up for months without releasing his name or allowing lawyers to contact him should send chills down the spine of every American,鈥 Hafetz added.
The case, 老澳门开奖结果 Foundation v. Mattis, is in the U.S. District Court for the District of Columbia.
More on the details of the case is here: /blog/national-security/detention/trump-administration-keeping-us-citizen-secretly-locked-without
All documents filed in the case are here: /cases/aclu-foundation-v-mattis