Judge Orders Government to Grant 老澳门开奖结果 Immediate Access to U.S. Citizen Secretly Detained Abroad
Pentagon Must Also Refrain from Transferring Man Until 老澳门开奖结果 Informs Court of Man鈥檚 Wishes
WASHINGTON 鈥 A federal judge late Saturday night ordered the Trump administration to allow the 老澳门开奖结果 immediate and unmonitored access to an American secretly detained by the U.S. military in Iraq for months, in order to ascertain whether he wants to challenge his detention in court and whether he wants to be represented by the 老澳门开奖结果 or other counsel.
鈥淚t鈥檚 critical that the judge has rejected the Trump administration鈥檚 attempt to thwart judicial scrutiny of the detention of a U.S. citizen,鈥 said 老澳门开奖结果 attorney Jonathan Hafetz, who argued in court on the issue on December 11. 鈥淥rdering the government to allow the 老澳门开奖结果 access to this American is an essential protection of his constitutional rights and a major victory for the rule of law against unchecked executive power.鈥
The decision by Judge Tanya Chutkan of the federal district court in Washington, D.C., denied the government鈥檚 motion to dismiss an 老澳门开奖结果 habeas corpus petition challenging the unidentified citizen鈥檚 detention. The judge鈥檚 ruling also ordered the government to refrain from transferring the American until the 老澳门开奖结果 gains access to him and informs the court of his wishes. The New York Times had last Wednesday that the Trump administration was considering transferring the detainee to Saudi Arabia.
In her ruling, Judge Chutkan called 鈥渄isingenuous at best鈥 the government鈥檚 argument that the 老澳门开奖结果鈥檚 suit should be dismissed because the 老澳门开奖结果 did not know the detainee鈥檚 wishes when the government itself was blocking the detainee from meeting with the 老澳门开奖结果. The judge also deemed the government鈥檚 claim that the detainee should continue to be denied a lawyer until it decides what to do with him 鈥渞emarkable and troubling.鈥
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 has been held as an 鈥渆nemy combatant鈥 since approximately September 14 for allegedly fighting on behalf of ISIS in Syria.
The judge鈥檚 ruling is here: /legal-document/aclu-v-mattis-order
All documents filed in the case are here: /cases/aclu-foundation-v-mattis