Tags: ISIS/Islamic State | enemy combatant | judge tanya s. chutkan | iraq

Judge Orders Notice Before Moving American 'Enemy Combatant' From Iraq

Judge Orders Notice Before Moving American 'Enemy Combatant' From Iraq
(Spenser Heaps/The Deseret News via AP)

By    |   Wednesday, 24 January 2018 12:28 PM

A U.S. district judge said Tuesday that U.S. authorities must give notice 72 hours before they transfer an American who has been held as an "enemy combatant" in Iraq, The Washington Post reported.

The American, whose identity has not been released, is a suspected member of the Islamic State, and he surrendered in Syria to rebel Syrian Democratic Forces, who then turned him over the U.S. military on Sept. 14. He has been held in Iraq without charges, The Post reported.

The judge, U.S. District Judge Tanya S. Chutkan of the District of Columbia, did not prohibit a transfer of the American to another country, saying the government has not decided on a transfer, and also could release the American or bring him to the U.S. to face charges, The Post reported.

The American Civil Liberties Union filed on Oct. 5 to represent and challenge the man's detention. After Chutkan allowed the ACLU to speak with him, he authorized them to file a petition on his behalf, the report said.

The case could be the first test of whether U.S. citizens who are captured on a battlefield as Islamic State suspects can use the right to challenge their detentions that the U.S. Supreme Court established after the Sept. 11, 2001 attacks.

In her opinion, the judge said that the Defense Department must offer "positive legal authority" for the man's transfer.

The New York Times in December reported that President Donald Trump's administration was considering a transfer of the man to Saudi Arabia. He was born in the U.S. to Saudi parents, the Times reported.

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A U.S. district judge said Tuesday that U.S. authorities must give notice 72 hours before they transfer an American who has been held as an "enemy combatant" in Iraq, The Washington Post reported.
enemy combatant, judge tanya s. chutkan, iraq
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2018-28-24
Wednesday, 24 January 2018 12:28 PM
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