US man held as ‘enemy combatant’ in Iraq lawyers up with ACLU

U.S. citizen being held in Iraq as an enemy combatant wanted the ACLU to represent him and fight his detention, the civil liberties group said in a court filing Friday.

A federal judge last month ordered the government to let the unidentified man — who was picked up on a Syrian battlefield in September and accused of fighting for ISIS — speak to lawyers.

As a result, ACLU attorney Jonathan Hafetz said, he and two colleagues went to the Pentagon on Wednesday and spoke with the man via a secure, unmonitored video conference.

"Basically, the government for the last three months has fought tooth and nail to prevent a U.S. citizen from speaking to a lawyer and having his day in court," Hafetz said.

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Soldiers celebrate after Iraq declares victory over ISIS
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Soldiers celebrate after Iraq declares victory over ISIS
Members of the Hashed al-Shaabi (Popular Mobilisation) paramilitaries, celebrate after the Iraqi Prime Minister declared victory in the war against the Islamic State (IS) group, about 80 kilometres (about 50 miles) along the Iraqi-Syrian border west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Imam Ali Division, one of the groups fighting within the Hashed al-Shaabi (Popular Mobilisation) paramilitaries, celebrate after the Iraqi Prime Minister declared victory in the war against the Islamic State (IS) group, about 80 kilometres (about 50 miles) along the Iraqi-Syrian border west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Hashed al-Shaabi (Popular Mobilisation units) celebrate and take 'selfie' pictures with their cell phones, after the Iraqi Prime Minister declared victory in the war against the Islamic State (IS) group, about 80 kilometres (about 50 miles) along the Iraqi-Syrian border west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Iraqi forces and the Hashed al-Shaabi (Popular Mobilisation units) wave as they ride on an infanty-fighting vehicle (IFV) near the Iraqi-Syrian border, about 80 kilometres (about 50 miles) west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Furqat al-Abbas Brigade of the Hashed al-Shaabi (Popular Mobilisation) paramilitaries celebrate with an Iraqi flag defaced with their combat insignia, after the Iraqi Prime Minister declared victory in the war against the Islamic State (IS) group, about 80 kilometres (about 50 miles) along the Iraqi-Syrian border west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Hashed al-Shaabi (Popular Mobilisation units) watch the televised statement of Iraqi Prime Minister Haider al-Abadi in the southern city of Basra on December9, 2017. Abadi declared victory in a three-year war by Iraqi forces to expel the Islamic State jihadist group that at its height endangered Iraq's very existence. / AFP PHOTO / HAIDAR MOHAMMED ALI (Photo credit should read HAIDAR MOHAMMED ALI/AFP/Getty Images)
Members of the Hashed al-Shaabi (Popular Mobilisation units) watch the televised statement of Iraqi Prime Minister Haider al-Abadi in the southern city of Basra on December9, 2017. Abadi declared victory in a three-year war by Iraqi forces to expel the Islamic State jihadist group that at its height endangered Iraq's very existence. / AFP PHOTO / HAIDAR MOHAMMED ALI (Photo credit should read HAIDAR MOHAMMED ALI/AFP/Getty Images)
Members of the Hashed al-Shaabi (Popular Mobilisation units) watch the televised statement of Iraqi Prime Minister Haider al-Abadi in the southern city of Basra on December9, 2017. Abadi declared victory in a three-year war by Iraqi forces to expel the Islamic State jihadist group that at its height endangered Iraq's very existence. / AFP PHOTO / HAIDAR MOHAMMED ALI (Photo credit should read HAIDAR MOHAMMED ALI/AFP/Getty Images)
Members of the Iraqi forces and the Hashed al-Shaabi (Popular Mobilisation units) carry their firearms as they stand on an infanty-fighting vehicle (IFV) near the Iraqi-Syrian border, about 80 kilometres (about 50 miles) west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
Members of the Iraqi forces and the Hashed al-Shaabi (Popular Mobilisation units) ride on infanty-fighting vehicles (IFV) near the Iraqi-Syrian border, about 80 kilometres (about 50 miles) west of the border town of al-Qaim on December 9, 2017. / AFP PHOTO / STRINGER (Photo credit should read STRINGER/AFP/Getty Images)
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"When finally given the opportunity to speak, his message was loud and clear: I want my day in court and I want the lawyers of the ACLU to represent me to secure my freedom."

In its motion filed in federal court in Washington, D.C., the ACLU asks for the government to respond by Jan. 10 to a habeas corpus petition and reveal its justification for holding the detainee without charges.

"He's been held unlawfully and he wants the opportunity to demonstrate there is no basis to hold him and he wants his release if there is no basis to hold him," Hafetz said.

"The bottom line is the government has to defend its detention."

The Defense Department confirmed the video conference took place. The Justice Department said it was still reviewing the ACLU's filing.

The ACLU also wants the court to ensure that the Pentagon doesn't simply transfer the man to Iraqi custody or to another country, putting him out of the reach of the U.S. justice system.

Little is known about the man. The Washington Post has reported that although he has ties to the Pacific Northwest, his family's roots are in the Middle East. He reportedly also has citizenship in Saudi Arabia.

 

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