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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bmaz .@jaketapper Frankly, that "evidence", i.e. inappropriate grand jury leaks, supports Dorian Johnson's version as much as it does Wilson's.
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bmaz @dmataconis Actually should read "Michigan refuses to give Musk+Tesla statutory unfair competitive advantage over all other manufacturers"
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bmaz @Gaius_Publius @emptywheel "Blonde is the first in a series of the Guinness Discovery Series, which will introduce a new beer twice a year."
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bmaz @Gaius_Publius @emptywheel Beer snobs. And for Ms. Guinness, better get used to dilution of the hallowed brand.
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emptywheel @lizzwinstead Get the feeling there was some quick and broad and well-financed coordination on that response.
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emptywheel @JasonLeopold Bingo. Saw that. Need to go back to that one. Timing is very interesting too. And the FoPo withholding.
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emptywheel @JasonLeopold Oh, I remember. So this is CIA White PAper and the other is the DOJ White Paper? Or just that DOJ didn't refer other to CIA?
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emptywheel @JasonLeopold Ah thanks.
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emptywheel RT @TondaMacC: The easiest form of terrorism: no need for sophisticated plots, or training, or financing, by @shephardm: http://t.co/DSQdPF
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emptywheel @JasonLeopold Which one is that on--11/11 or 5/11?
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emptywheel RT @JasonLeopold: JUST FILED: CIA declaration in my #FOIA case re: CIA white ppr turned over to me justifying assassination of Awlaki https…
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emptywheel @maassp Thanks for pointing that out. It has been a largely male celebration of a great career.
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