On Monday a federal judge challenged the U.S. government to justify the continued imprisonment of an #American
citizen who has been denied access to a lawyer for over three months.
U.S. District Judge Tanya Chutkan has expressed skepticism and frustration over the U.S. government’s arguments for detaining an #American
citizen for three months.
On Monday, at the latest hearing in the case of #AmericanCivilLibertiesUnion
v. Mattis, the Justice Department argued that the court had no authority to rule on wartime detentions by U.S. military in an overseas conflict zone. Judge Chutkan seemed to lean in favor of the #ACLU’s
argument that the man should have access to a lawyer, which he has been denied thus far.
The ACLU is fighting to represent the American who has been accused of fighting alongside the #IslamicState
The U.S military has been detaining the American citizen at a secret prison in Iraq without access to a lawyer or even releasing his name to the public. He has been labeled an “enemy combatant” by the Trump administration despite a lack of evidence to bring charges against the man.
At a November 30 hearing, the government revealed that the man asserted his constitutional rights to a lawyer. Still, the government claims they are not sure he wants to challenge his imprisonment via the courts. The issue to be decided in ACLU v. Mattis is whether or not the U.S. government can hold someone indefinitely without a court review.
The U.S. government believes it can hold a suspect for a “reasonable period” before deciding whether or not to charge or release the individual. The government also claims that the ACLU cannot represent the man because they have had no contact with him and he has not made a request. “He wants counsel, which is an assertion and a request that I don’t think I can ignore,” Judge Chutkan said Monday as reported by the Washington Times. Justice Department attorney Kathryn Wyer told the judge it was a “temporary situation” and the government is “trying to resolve this matter expeditiously.” 🖐🏾More in comments @freedom_faction
👇🏾 #PoliceState #MartialLaw