Has the Government Left Minh Quang Pham “Languishing Forever”?

Screen shot 2013-02-13 at 3.55.43 PMJohn Brennan made two interesting comments about FBI interrogation at his hearing last week. First, in response to a Martin Heinrich question, he suggested that the Army Field Manual shouldn’t be the interrogation standard for the entire government because the FBI “has its own processes and procedures.”

HEINRICH: Thank you. Do you believe that all agencies of the United States government should be held to the interrogation standards that are laid out in the Army Field Manual as it — as currently required by Executive Order 13491? And do you support efforts to codify those requirements into law?

BRENNAN: The Army Field Manual certainly should govern the U.S. military’s detention and interrogation of individuals.

The FBI has its own processes and procedures and laws that govern its activities. So what I wanted to do is to make sure that, you know, appropriate sort of attention is paid to FBI as opposed to the military.

Then, when Brennan was very patiently explaining to Marco Rubio that his ideas about detention and interrogation are erroneous and stupid (my words), he said this about FBI interrogations.

BRENNAN: No. Again, it’s tailored to the circumstances. Sometimes an individual will be Mirandized. Sometimes they will not be Mirandized right away. Mirandizing an individual means only that the information that they give before then cannot be used in Article III court.

But, in fact, the FBI do a great job as far as eliciting information after they’re Mirandizing them, and so they can get information as part of that type of negotiation with them, let them know they can in fact languish forever, or we can in fact have a dialogue about it intelligently.

“They can languish forever”? I didn’t think the Sixth Amendment had a “languish forever” exception.

But Brennan’s apparent belief there is one got me thinking about Minh Quang Pham, whom I wrote about here.

Pham is a Vietnamese immigrant to the UK who traveled to Yemen in December 2010 and went on to help Samir Khan produce Inspire magazine. He was arrested to great fanfare last June, when his May 24 indictment was purportedly unsealed. Though his docket shows no sign of that unsealing; rather, it says the indictment was unsealed two months later. He returned to the UK in December 2011, where he was held in immigration detention. It’s unclear whether he’s still there — the Brits can hold someone in detention indefinitely and extradition to the US has been taking a lot of time of late — or whether he was moved here either in June when DOJ had a big dog and pony show over his arrest or in August when the docket says his previously unsealed indictment was unsealed. That’s the last thing that appears in Pham’s docket. I’ve asked SDNY for a status report but have not yet gotten an answer.

In any case, one of the last people with ties to the UK or US to spend time with Anwar al-Awlaki and, especially, Samir Khan is languishing … somewhere.

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7 Responses to Has the Government Left Minh Quang Pham “Languishing Forever”?

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emptywheel RT @DesmondHoward: Michigan is going to have a press conference at 1:30 ET to announce the resignation of AD Dave Brandon.
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emptywheel What does it say about a country when one of their most senselessly persecuted dissidents is 75-year old ex CIA guy? http://t.co/j9kr62bcD0
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bmaz RT @ScottGreenfield: Reverses? MT @ABAJournal: 2nd Circuit reverses jury verdict for police who shot family’s dog to death in its own yard …
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JimWhiteGNV @emptywheel I'm having Halloween nightmares that Muschamp somehow beats UGA and possibly even FSU to get yet another year here.
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emptywheel @kashhill Congrats on the new gig!
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emptywheel @JimWhiteGNV If nothing else it's pre-consolation for what will prolly be a drubbing at the hands of ol' noodle arm.
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emptywheel @JimWhiteGNV No no no. We hire coaches who do well in other places, only to experience failure here. Just ask RichRod.
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JimWhiteGNV @emptywheel Congratulations. I understand that the Wolvereenies are hiring both Foley and Muschamp tomorrow!
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emptywheel I believe I beat @JimWhiteGNV in "First University to Axe Their AD & Then Get Rid of Coach Too" contest. Collecting my winnings for losing
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bmaz .@RKTlaw Right. Seriously, how often do DA's send grand juries to deliberate without draft indictment? But that appears to be McCulloch plan
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bmaz RT @RKTlaw: @bmaz To summarize: "Usually we want an indictment. This time, not so much."
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emptywheel .@ddayen What better way to spice up the dynasty rematch of Bush v. Clinton than to throw in a Kennedy?
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