Ming Quang Pham

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.

Emptywheel Twitterverse
JimWhiteGNV RT @bmaz: Pat Tillman Was A Man, Not Just A Symbol http://t.co/LHFaQOUS99 Who Pat was in life, not just death
3hreplyretweetfavorite
bmaz Pat Tillman Was A Man, Not Just A Symbol http://t.co/LHFaQOUS99 Who Pat was in life, not just death
3hreplyretweetfavorite
bmaz @HzmtH1 @terraformer @radleybalko @WPTheWatch I do this for a living, and thought "exigent circumstances" warrants marshal law is absurd
4hreplyretweetfavorite
emptywheel @gideonstrumpet need to check my schedule but I might have time to touch base.
4hreplyretweetfavorite
bmaz @HzmtH1 @terraformer @radleybalko @WPTheWatch Yeah, well, the central premise is irrefutable if you actually believe in US+MA Constitutions.
4hreplyretweetfavorite
emptywheel @gideonstrumpet I'm speaking at 4:15 @ Hampshire but will be here thru Sat AM. What's your schedule tomorrow? @bmaz @FalguniSheth
4hreplyretweetfavorite
bmaz @GregoryMcNeal @radleybalko Already have and do!
4hreplyretweetfavorite
bmaz Now that Fed govt has initiated pardon+sentencing reform, pressure on governors and states to do the same should be brought.
4hreplyretweetfavorite
bmaz @TimothyS Yes yes, but I really detest the former too!
4hreplyretweetfavorite
bmaz Can Obama pardon enough inmates to shut down the loathsome private prisons like CCA et. al? He should. http://t.co/nXFmq0tE2V
4hreplyretweetfavorite
bmaz @janehamsher @SavannahGuthrie @JohnKiriakou @TODAYshow Then whispers sweet nothings in his ear on the way out.
5hreplyretweetfavorite
bmaz RT @michaelbkiefer: If the AZ Supreme Court issues a death warrant, Joe Wood will be executed with medazolam + hydromorphone, which didn't …
5hreplyretweetfavorite
April 2014
S M T W T F S
« Mar    
 12345
6789101112
13141516171819
20212223242526
27282930