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.

Tweet about this on Twitter4Share on Reddit0Share on Facebook12Google+0Email to someone

33 Responses to What Kind of Custody Is It When You Secretly Hold an American at a Military Base?

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33

Emptywheel Twitterverse
bmaz @adamliptak @espinsegall I would have thought so until recent comments by RBG, who I believe was behind failure to decide Perry on merits
4mreplyretweetfavorite
JimWhiteGNV RT @Ibrahimhalawi: A brilliant photo from in wall st. today #FloodWallStreet http://t.co/50i4yot6A9
26mreplyretweetfavorite
emptywheel Adding to my rule: Feds can have right to effective search when 1 comply meaningfully w/FOIA 2) comply meaningfully w/criminal discovery
38mreplyretweetfavorite
JimWhiteGNV RT @gatorgoat: .@CoachWMuschamp your quarterback is bad and you should feel bad #FreeTreon
41mreplyretweetfavorite
emptywheel RT @the_intercept: Apple Still Has Plenty of Your Data for the Feds: https://t.co/ZPLTaNSzLz by @micahflee
43mreplyretweetfavorite
emptywheel @pwnallthethings An impact. Not clear it'll be major, as most of this will be on Cloud. Where warrant will be served in more controlled way.
44mreplyretweetfavorite
emptywheel Maybe the Feds can have a "right" to an effective search when they start complying meaningfully w/FOIA.
45mreplyretweetfavorite
JimWhiteGNV RT @cocktailhag: Very infuriating to see, in the age of austerity, such a show of lavish gov't spending, on tools of oppression. Priorities…
47mreplyretweetfavorite
emptywheel Seriously, if THAT's "most alarming" thing tech companies have done since Snowden, if it's "outrageous" tech cos need to step it up.
48mreplyretweetfavorite
emptywheel Ferfucksake. It's as if these anonymous people have neverever heard of the Cloud.
51mreplyretweetfavorite
emptywheel "most alarming consequence to date of frayed relationship bt federal govt & tech industry since Snowden revelations" http://t.co/Ob1HkCmIj7
51mreplyretweetfavorite
emptywheel Wahhh! Boohoohoo! DOJ says! Apple and Google are competing on privacy!!! Wahhhhh! http://t.co/LxyatmTVcy Why does DOJ hate capitalism?
52mreplyretweetfavorite
October 2012
S M T W T F S
« Sep   Nov »
 123456
78910111213
14151617181920
21222324252627
28293031