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

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Emptywheel Twitterverse
bmaz RT @BobbyChesney: @bmaz They seem to have wanted to maximize impression of constraint, but w/out paying full price in practice. I'm sensing…
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bmaz RT @lawfareblog: Robert Chesney: "Waiving the "Imminent Threat" Test for CIA Drone Strikes in Pakistan?" http://t.co/yxKjG6CQBG
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bmaz @BobbyChesney Works as a PR salve for a complicit and unrestrained Executive Branch?
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bmaz RT @BobbyChesney: Big issue this story raises: what work does the "imminent threat" test really do when "imminent" means "continuing"? http…
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bmaz .@BobbyChesney @adamentous If there can be such a blanket, non-specific "waiver" on "imminent threat", then there is no requirement at all.
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bmaz @dpottzzz @william_pitts I dunno, I think this is yet another thing I can hold over @AZ_Dream_Killer #GoDevils
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bmaz RT @MikeBerco: I have no idea what I'm watching on ESPN2 right now... But GO DEVILS!! #HeroesOfTheDorm
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bmaz RT @william_pitts: The best part of #HeroesOfTheDorm ? U of A probably sucks at it too. #GODEVILS
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bmaz No clue what this is, but I bet @Popehat would grok it.
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bmaz There is some wild ass shit on @ESPN2 right now. National Championship game between Cal and ASU on some kind of video game league. Bizarre.
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bmaz RT @william_pitts: HOLY CRAP CAN WE GET @SunDevilCurtain on whatever this is on espn2??? @942Crew
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