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.

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bmaz The NCAA quietly proposed a major structural reform yesterday. It's still horrid and here's why: http://t.co/kRKTgn5FDF
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bmaz Did Northwestern Unionizing Just Cause Real NCAA Reform? No, Not At All http://t.co/kRKTgn5FDF
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bmaz RT @SpyTalker: More on "Murder in Juarez" http://t.co/DNdOQl1ei2
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bmaz @MonaHol Little known fact: my wife and I went as Al and Peg Bundy one Halloween. Pretty funny.
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bmaz @MonaHol This is true!
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bmaz @yeselson Me too. Also shove on the hip during the shot.
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bmaz Tough blocking call in that situation, looks like a bad call.
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bmaz @ericisbeautiful Yes. And for all his reputation, it's about time he came thru in playoff clutch situation.
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bmaz .@misterdevans No question. And Cliven Bundy is a pernicious and racist dolt at that. But he didn't murder 30 young girls like Ted Bundy.
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bmaz RT @Olivianuzzi: Kelly Bundy > Ted Bundy > Cliven Bundy http://t.co/nuxmNUhT8p @thedailybeast
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bmaz Listen, Cliven Bundy is a horrible human being, granted; but if you are cute tweeting that he's worse than Ted Bundy, just get out.
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bmaz @BradMossEsq I have seen approximately none in the jurisdictions I practice in.
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