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 Whatever happened to @JasonLeopold is he still a thing? http://t.co/eoMQ6BY6VK
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bmaz @trog69 @JimWhiteGNV ...But I will rehab and restore them some day.
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bmaz @trog69 @JimWhiteGNV I currently listen to B&W wall monitors with Polk Audio Towers and a Klipsch Subwoofer. I miss my horn loaded bins.
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bmaz @walterwkatz Even though it was probably Hendrix, an Yank, that really made Marshall (along with Jimmy Page+Ritchie Blackmore) popular.
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bmaz @walterwkatz Maybe! The first real hard power and stacked amps that went popular were Marshalls, and Jim Marshall was a Brit.
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bmaz @trog69 @JimWhiteGNV I play lot of actual albums I have. But am sadly constrained by that which is really easy to find without looking hard.
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JimWhiteGNV @robertcaruso Imagine getting only about five info-filled tweets a day. Only upside is that they were read to you by Dan Rather.
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bmaz @trog69 @JimWhiteGNV Hey, that ain't bad blues.
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bmaz I miss Cathedral Canyon and Bridge Canyon (Rainbow Bridge) at Lake Powell on houseboat this time of year http://t.co/hfnSQfeHhN
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bmaz Damn, I love big tube amps and horn loaded concert monitor speakers. This shit is what makes America grand.
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bmaz .@JimWhiteGNV For the neighbors (cause i love them so) now spinning on the 'ole 33---> Santana Abraxas and Black Magic Woman
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