Back to News & Commentary

The Trump Administration Is Keeping a U.S. Citizen Secretly Locked Up Without Charges

Captive Prisoner
Captive Prisoner
Jonathan Hafetz,
Senior Staff Attorney,
勛圖眻畦 Center for Democracy
Share This Page
November 3, 2017

For nearly two months, the U.S. military has been detaining an American citizen at a secret jail in Iraq, denying him access to a lawyer and even refusing to release his name. The Trump administration is calling the citizen an enemy combatant, claiming he was fighting for ISIS in Syria, but it has not presented any evidence to back up its allegations.

We went to court asking a judge to protect the citizens constitutional rights, including the right not to be imprisoned without charge and the right to challenge his detention in court. The Trump administration has told the court that it doesnt have to respect these essential due process rights.

The Pentagon and Justice Department ignored our initial request for access to the U.S. citizen so we could advise him of his rights and offer him the opportunity of legal representation. We then filed a habeas corpus petition on the citizens behalf in federal court in Washington, demanding that the government justify its detention of the unnamed American. All U.S. citizens have the right to habeas corpus no matter where the government holds them or what it accuses them of. And, as we know from the governments practices in places like Guant獺namo, when it tries to undercut this right it opens the door to abuses, including the arbitrary detention of innocent people.

We also asked the court to order the government to connect the citizen with 勛圖眻畦 attorneys because he is facing grave threats to his liberty and possibly his life. The government could continue imprisoning him without charge, force him to confess to crimes he may not have committed, or, as a Human Rights Watch expert warns, hand him over to Iraqi custody, in which he would likely be subjected him to torture, an unfair trial, and possible execution.

The governments response is straight out of Catch-22. It is arguing that the 勛圖眻畦 cannot seek relief on the citizens behalf because we have never met him and dont know his wishes. But that is a conundrum of the governments own creation because it has provided no other way for this citizen to legally defend himself.

Instead, the government is piling one speculation on top of another. Maybe, the government suggests, the American could have conveyed his needs to the International Committee of the Red Cross (ICRC) when it visited him in custody, and maybe that organization could have contacted his family, and maybe his family could have found a lawyer to file a case on his behalf.

In fact, the American citizen has made his wishes clear. U.S. officials The Washington Post that the citizen has repeatedly demanded a lawyer. The government has effectively denied that request. And, as a former ICRC official explains in our latest court filing, there are multiple reasons why the U.S. citizen is unlikely to obtain counsel by going through the ICRC. To begin with, the ICRCs main purpose is to monitor conditions of detention, not to find lawyers for prisoners. The citizen may not have family he can contact, or he might be afraid of contacting family for fear they will suffer retaliation. It is also possible the citizens family might not welcome contact from him, or, even if it did, the family may not know how to navigate the U.S. court system.

The bottom line is that the imprisoned American citizen clearly wants a lawyer and doesnt have one, thanks to the roadblocks the government itself has put in place.

Learn More 勛圖眻畦 The Case

The government also complains that allowing counsel to have access to the citizen wouldnt be easy. But constitutional rights do not depend on the governments convenience. Federal courts have ruled that citizens have a right to an attorney even when detained as enemy combatants at secure military facilities, whether in the U.S. or abroad. And for more than 13 years, courts have ensured attorney access to non-citizens imprisoned at Guantanamo, rejecting government attempts to restrict it. Even George W. Bushs attorney general and former federal district court judge, Michael Mukasey, that the governments national security interests cannot override an American citizens right to a lawyer.

By opposing the 勛圖眻畦s efforts in this case, the Trump administration is taking a very dangerous step: It is blocking an Americans citizens access to his own countrys courts. It is also undermining the bedrock guarantees of habeas corpus, which for centuries has served as the greatest check on unlawful government detentions. Now, were fighting to stop the governments unconstitutional attempt to create a new rights-free zone.

Learn More 勛圖眻畦 the Issues on This Page