What Kind of Custody Is It When You Secretly Hold an American at a Military Base?

Here’s a fairly minor point about the Gregory Saathoff report on Manssor Arbabsiar, the Scary Iran Plotter.

For the 12 day period when he was being secretly interrogated without a lawyer, he was being held at a military base.

Although at times Mr. Arbabsiar smoked inside the room, he often was escorted outside and on at least one occasion took a walk with agents around the military base.

Let me be clear: Arbabsiar’s arrest was approved by a US Magistrate. He was clearly arrested under civilian law.

And I’m not surprised the government held the cousin of a Quds Force member on a military base while they prepared to make an international incident out of his case. I’m sure Arbabsiar was nowhere near the first American citizen interrogated while in civilian custody at a military base.

But it’s coupled with the other part of this where it begins to get unsavory: the part where Arbabsiar had no lawyer and his legal team is now contesting whether he legally waived his right to a lawyer and presentment (and as I’ll explain if I ever get around to writing that post, I think their claim may have more merit than I originally did). And the part where the government didn’t check in with the Magistrate or have Arbabsiar medically examined until a week after he had been arrested.

So if the defense arguments about coerced waivers hold up (remember, we’re still seeing just part of what they’re complaining about), while a busy Magistrate knew he was in custody, Arbabsiar was otherwise in a black hole on a military base (though likely a quite pleasant one, with his own apartment) for a week to 12 days.

During the debate about the NDAA, people insisted we would never see a hybrid kind of detention where US citizens get indefinitely held, but in civilian custody. That’s not what happened to Arbabsiar; again, his detention had been approved by a Magistrate. But we are clearly inching closer to that kind of hybrid.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

33 Responses to What Kind of Custody Is It When You Secretly Hold an American at a Military Base?

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
Emptywheel Twitterverse
bmaz @GrantWoods They are really good, even in an acoustically constrained place like Tarbell's Tavern.
6hreplyretweetfavorite
JimWhiteGNV RT @nytimesworld: Open Source: Iranian Photojournalist Reportedly Detained After Covering Protest Against Acid Attacks http://t.co/Flm5CbCE
8hreplyretweetfavorite
JimWhiteGNV RT @KendallRogersPG: So, @TCU_Baseball's Brandon Finnegan becomes the first player in history to pitch in the @NCAACWS and @WorldSeries in …
8hreplyretweetfavorite
bmaz Hey @GrantWoods Im here at Tarbell's Tavern w/Scotty, Kira+Honeygirl band. Pretty fucking good. You should be here. http://t.co/r1hLjx7J4Z
9hreplyretweetfavorite
JimWhiteGNV RT @CDCgov: What’s the difference between infections spread through the air or by droplets? New CDC #Ebola fact sheet explains: http://t.co
9hreplyretweetfavorite
JimWhiteGNV RT @AdamWeinstein: Rick Scott filed suit to keep his emails secret, skipped out on deposition today, lied that he didn't need to attend htt…
9hreplyretweetfavorite
JimWhiteGNV RT @BretSabes: Birthday present for himself @TheRealHos35 #GreatAB
9hreplyretweetfavorite
JimWhiteGNV Don't give up on the only lifting you even do, bro! RT @michaelwhitney: I think I am going to invest in pet stairs for @dirtmcgirt :(
9hreplyretweetfavorite
JimWhiteGNV @wheeliesmom Of course not. But the "invisible hand of the market" would never tolerate opting out before voting.
10hreplyretweetfavorite
JimWhiteGNV I'd pay $10 for a TV app that filters out political ads now that I've already voted...
10hreplyretweetfavorite
JimWhiteGNV RT @davidsirota: Docs show show @ScottWalker got $200k from restaurant industry then based min wage ruling on restaurant lobby study http:/…
10hreplyretweetfavorite
October 2012
S M T W T F S
« Sep   Nov »
 123456
78910111213
14151617181920
21222324252627
28293031