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?

Emptywheel Twitterverse
bmaz @barrettmarson It was nasty all the time.
32mreplyretweetfavorite
bmaz @barrettmarson @troyhaydenfox10 I miss the old CB-6. That was fun.
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bmaz Gonna be a lot of this for a very long time https://t.co/4OpGOjTg3t
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bmaz @ryanlcooper Cable is going to be fantastic. All Trump, all the time. You'll love it!
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bmaz @imillhiser Same, and I am not convinced that Cruz wouldn't be worse in many ways. Not convinced Trump is better either.
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bmaz @sahilkapur And disputing that its an acceptable justification for the difference in way Clinton/press acted then and way she is acting now.
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bmaz @sahilkapur No, just disputing that the relative difference is of any current materiality as to whether Sanders stays in race.
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bmaz @sahilkapur And the fact that relative delegate counts were a little different doesn't ratify the propriety of the situation; condemns it
2hreplyretweetfavorite
bmaz @sahilkapur Bullshit. The entire weight of the DLC/DNC and press lackeys were not oriented cravenly against Clinton then as are Sanders now.
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bmaz @sahilkapur I think the statement speaks for itself.
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bmaz @sahilkapur Dewey beats Truman! Let the people vote.
2hreplyretweetfavorite
bmaz @sahilkapur And it is hilarious, if not flat out ridiculous that the press holds Sanders to a relative standard they didn't Clinton in 2008
2hreplyretweetfavorite
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