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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Emptywheel Twitterverse
bmaz Hot Fussin. Been Killing it for hours. Only Claude Rains knew
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bmaz I saw Shawn Holley on the CN type of media tonight, and not in a way that brought any joy to my memory of Johnnie Cochran. RIP.
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bmaz Hot Fuss by the Killers is still one of the best albums, or whatever you kids want to call things these days, of the last decade.
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bmaz @foolintheforest The latter.
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bmaz @cnbintucson Indeed.
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bmaz @MasaccioFDL Wait, @rortybomb ?? I love that guy.
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bmaz @cnbintucson "think there is any danger to McCullough from DOJ investigation?" // None, sadly.
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emptywheel @theurbansherpa If only you knew anything about theater it would all make sense! ;p
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bmaz The Killers are, well, killer. Nuf said.
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bmaz I am not positive it is okay to borrow a term from @dcbigjohn but I'm a bit reckless. So don't fence me in Bama's https://t.co/qco4mgVEvM
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bmaz @MasaccioFDL You know, I actually believe in "the system" but have issues with gross perversions thereof. And we got that here. Hugely.
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emptywheel @LemonSlayerUS Take that back. Gun had blood on it on 8/19 (it looks like). DNA was run by 8/14.
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