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 @KagroX Is there a special category in your database for stories like this?
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emptywheel RT @stcolumbia: Int'l relations are inherently hypocritical but we can think of good reasons US wouldn't want to endorse that concept of r…
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emptywheel RT @stcolumbia: Bemused so many are shocked US would say training+equipping proxies doesn't equate to direct involvement in their later use.
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JimWhiteGNV @emptywheel They reject out of hand because it comes from US intel. That's all I've been hearing all day...
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emptywheel Wonder how long it'll take UKR hawks to say this ODNI report not credible bc it places all emphasis on anon sources? http://t.co/JQRC9mOWMQ
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emptywheel @adambonin Dood. I presume you visited Cobo before the renovation. Be thankful that the renovation was mostly very very good.
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emptywheel Paul Rosenzweig has dubbed CISA "CISA Boom Bah" even though that's how he feels abt shitty CISA bill. Hope he doesn't mind sharing.
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emptywheel @stuart_zechman Man, I've been having creepy paranoid dreams for the 3 hours I sleep. I'll take yours.
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emptywheel @OKnox Why doesn't James Clapper like you as much as John Brennan does?
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emptywheel Great news! The Senate will pass USA Freedumb rather than USA Freedumber. http://t.co/9A7JtacSBk
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bmaz Prediction: Halbig reversed to look like King in en banc, so there is no circuit split and SCOTUS denies cert. and stays out of it.
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bmaz @armandodkos They are not mutually exclusive, and it is what I have said from day one. Which you know!
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