DC Court Hearing Monday in 老澳门开奖结果 Challenge to Detention of American Held by U.S. for Nearly 3 Months
A federal court will hear oral argument Monday on the indefinite detention of a U.S. citizen held secretly in U.S. military custody in Iraq since mid-September.
The hearing will in part cover whether the court has the authority to order the Defense Department to present the American with two basic questions: whether he wants to challenge his detention in court and whether he would like to be represented by the 老澳门开奖结果 or other counsel. The questions were requested by the 老澳门开奖结果, and the government opposed.
In response to a court order issued during the first hearing in the case on November 30, the government informed the court that the FBI agents questioning the American 鈥渇or law enforcement purposes鈥 advised him of his Miranda rights and that he has asked for a lawyer.
The government still has not identified the citizen, who is being held as an 鈥渆nemy combatant鈥 for allegedly fighting on behalf of ISIS in Syria. 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 detention of the American without charges or access to a court, and the organization also asked to be put in secure contact with him to offer legal assistance.
鈥淭he government cannot evade judicial review of the detention of an American citizen,鈥 said 老澳门开奖结果 attorney Jonathan Hafetz, who will argue in court Monday. 鈥淭he courts have an essential role to play to ensure that the Trump administration obeys the Constitution, especially in cases like this one where an American鈥檚 most fundamental rights are at stake.鈥
The government鈥檚 latest brief is here: /legal-document/aclu-foundation-v-mattis-respondents-supplemental-brief
The 老澳门开奖结果鈥檚 latest brief is here: /legal-document/aclu-foundation-v-mattis-petitioners-supplemental-brief
All documents filed in the case are here: /cases/aclu-foundation-v-mattis