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 @jeff_kaye @Krhawkins5 @emptywheel @JasonLeopold Yeah, my vote is have Obama award him an Ethics Medal of Freedom
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emptywheel @JessicaValenti Obviously playing with grandkids makes you unable to answer a 3 AM phone call. @emilycrockett
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emptywheel .@shaneharris Rather interesting it specifies Compton.
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bmaz "Justice In The Shitter" RT @carolrosenberg Guantanamo Camp Justice: Rank has privileges. #FOGO #HisandHers @JTFGTMO http://t.co/BgK2V2itWN
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bmaz @JasonLeopold Ferry, but no Roxy?
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bmaz Hey, any attorney friends in or about Ft. Myers FL area, please help @EricMayer out A Serious Request for Assistance http://t.co/3m71nHKadE
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emptywheel @Krhawkins5 Yes. And I believe there were others that bc detainees not charged not given attention. @GitmoWatch @carolrosenberg
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emptywheel @Krhawkins5 Fairly certain if you look beyond lawyers for those who've been charged it's more than that. @gitmowatch @carolrosenberg
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bmaz @Matt_Cagle @FeleciaForAZ Ha! Yeah, but I am not giving Horne $100 for the pleasure, even though it might be a riot to watch the gig.
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bmaz @MarkSZaidEsq @BradMossEsq @Thomas_Drake1 Heh, just checking! Honestly, I think all are entitled to rep+rarely believe good to criticize it.
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emptywheel ICYMI, DOJ IG's investigation into issues w/PATRIOT authorities thru 5 years ago turned 1400 days old this week. http://t.co/bezec4tNNU
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bmaz Why every Arizonan should vote for @FeleciaForAZ for AZ Attorney General (Hint:Horne is in bed with the nuts): http://t.co/v3K5H0veuO
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