A federal judge in Washington demanded the Trump administration explain the circumstances surrounding the detention of a US citizen in Iraq for allegedly fighting on behalf of ISIS in Syria, calling the arguments made by the Justice Department “frightening.”
Judge Tayna Chutkan repeatedly pressed a lawyer for the Justice Department to answer basic questions about whether the American has been advised of his right to counsel and whether he has asserted that right.
Justice Department attorney Kathryn Wyer demurred repeatedly, leading Chutkan to say she was “growing impatient.”
The individual, whose identity has not been released, was turned over to US forces by a US-backed Kurdish-led group fighting ISIS in Syria, and he’s been in US military custody since September, according to court documents.
“It’s been two and a half months! I’d like to know how long you think you get to do this to a US citizen,” Chutkan said. “Basically, it’s just, ‘trust us, we know what we’re doing.'”
Last month, the American Civil Liberties Union filed a lawsuit requesting the man be given access to counsel and demanding that the Trump administration justify his continued detention without charges. The Justice Department says the ACLU has no standing to sue because the group has not proved the individual wants it to sue on his behalf.
Chutkan suggested that the logical conclusion of the Trump administration’s arguments in this case would be “the government could snatch a US citizen off the street … for as long as it took to come to some ‘final disposition.'”
“That kind of unchecked power is frankly frightening,” Chutkan said.
The judge gave the Justice Department until 5 p.m. Thursday to report back to the court in writing with answers about whether the man has been advised of his right to counsel and if he’s asserted that right.
