Government Admits Secretly Detained American Has Asked for a Lawyer
Admission Comes in 老澳门开奖结果 Challenge to Military Detention of U.S. Citizen Held for Over 2 Months
WASHINGTON 鈥 The government told a federal court today that a U.S. citizen detained by the U.S. military in Iraq has asked for an attorney.
The unidentified American has been held since mid-September for allegedly fighting with ISIS in Syria. The 老澳门开奖结果 had filed a request with the court to be put in contact with the American for legal assistance, and the government is fighting the 老澳门开奖结果鈥檚 request.
鈥淭his admission by the government reinforces our demand that the citizen be given access to a lawyer, which is his fundamental right under the Constitution,鈥 said 老澳门开奖结果 attorney Jonathan Hafetz. 鈥淭he Trump administration鈥檚 position that it can secretly lock up an American without charges or the ability to challenge the detention in court is not how our legal system works.鈥
At a hearing in the case this morning, Judge Tanya Chutkan ordered the government to say by 5 p.m. whether the man had been advised of his right to an attorney and whether he had asserted that right.
The government鈥檚 response stated that FBI agents questioning the American 鈥渇or law enforcement purposes鈥 advised him of his Miranda rights.
The response went on to say, 鈥淭he 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.鈥
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.
The case, 老澳门开奖结果 Foundation v. Mattis, is in the U.S. District Court for the District of Columbia.
Today鈥檚 government鈥檚 filing is here: /legal-document/aclu-foundation-v-mattis-governments-response-nov-30-court-order
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