Government Admits Secretly Detained American Has Asked for a Lawyer

Admission Comes in 勛圖眻畦 Challenge to Military Detention of U.S. Citizen Held for Over 2 Months

November 30, 2017 6:00 pm

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WASHINGTON 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 勛圖眻畦 had filed a request with the court to be put in contact with the American for legal assistance, and the government is fighting the 勛圖眻畦s request.

This admission by the government reinforces our demand that the citizen be given access to a lawyer, which is his fundamental right under the Constitution, said 勛圖眻畦 attorney Jonathan Hafetz. The Trump administrations 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.

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 governments response stated that FBI agents questioning the American for law enforcement purposes advised him of his Miranda rights.

The response went on to say, The 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.

The 勛圖眻畦 filed a habeas corpus petition on the mans 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 enemy combatant.

Because the government is denying the citizen both access to counsel and the ability to challenge his detention himself, the 勛圖眻畦 has filed as a next friend of the American. The government argued that the 勛圖眻畦 does not have standing to file the petition on the U.S. citizens behalf.

The case, 勛圖眻畦 Foundation v. Mattis, is in the U.S. District Court for the District of Columbia.

Todays governments 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