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
emptywheel RT @JasonLeopold: Today is National Whistleblower Appreciation Day. Good timing cause here's a rpt you should read https://t.co/5WmoImBquz
2mreplyretweetfavorite
emptywheel @onekade Next thing you know you'll be eating brown rice.
3mreplyretweetfavorite
JimWhiteGNV RT @jricole: Israel Bombs Gaza back to Stone Age: Razes only Power Plant & ... - http://t.co/R0nRJ4HCQh http://t.co/e71HDnb6jT
7mreplyretweetfavorite
bmaz RT @OrinKerr: @bmaz Compare to pre-911 CA4 op w no redactions but no analysis. http://t.co/0DDAnFqZIf @JoshMBlackman
9mreplyretweetfavorite
JimWhiteGNV RT @WilliamsJon: Remarkable @AFP photo: not snow but #IDF evacuation notices warning residents in #Gaza to leave their homes. http://t.co/I
10mreplyretweetfavorite
bmaz RT @actongriscom: A few days ago @wolfblitzer was actually formulating the IDF spokesman's talking point for him, on camera. #Gaza @bmaz @…
26mreplyretweetfavorite
JimWhiteGNV RT @SIGARHQ: US has funded $104 billion for Afghan reconstruction & requested another $5.8 billion for 2015 http://t.co/arPiZa1qM4
31mreplyretweetfavorite
JimWhiteGNV RT @erinmcunningham: UN: fragment analysis says Israel artillery hit Jabaliya school w/at least 3 impacts http://t.co/MII58tGqAh UN informe…
40mreplyretweetfavorite
emptywheel RT @MarthaStewart: Drones are trending.
41mreplyretweetfavorite
bmaz @SpaceCoastLaw @CNN Exactly. The sanitization and promotion of war crimes. It's all so regular!
42mreplyretweetfavorite
bmaz RT @SpaceCoastLaw: @bmaz @CNN One with a lovely & authoritative Brit accent which makes everything seem so proper. Good job, casting!
44mreplyretweetfavorite
bmaz Second Amendment right to be a boob http://t.co/i1lpFt8WMd There is no 2nd Amendment right to scare and threaten the public in an airport.
46mreplyretweetfavorite
July 2014
S M T W T F S
« Jun    
 12345
6789101112
13141516171819
20212223242526
2728293031