Judge: American held by US forces in Iraq must have lawyer

A federal judge has ruled a U.S. citizen being held as an enemy combatant has a right to meet with a lawyer.

Judge Tanya Chutkan in a ruling on Saturday called the Pentagon’s argument to dismiss an American Civil Liberties Union (ACLU) lawsuit challenging the detention was “disingenuous at best.” She noted that the detainee had previously asked for a lawyer.

“The Department’s position that his request should simply be ignored until it decides what to do with the detainee and when to allow him access to counsel is both remarkable and troubling,” Chutkan wrote, referring to the Department of Defense.

{mosads}The New York Times reported that officials had planned to transfer the man to Saudi Arabia, but the judge ordered that he remain where he is until he decides whether he wants to speak with a lawyer.

The Defense Department can then renew its motion to dismiss the ACLU lawsuit should the detainee decline access to a lawyer, according to the court order.

The Pentagon confirmed in September that it was detaining a U.S. citizen captured on the battlefield fighting for the Islamic State in Iraq and Syria.

A Pentagon spokesman said at the time that the citizen surrendered to the Syrian Democratic Forces on or around Sept. 12 and was subsequently turned over to U.S. forces.

The ACLU in an October lawsuit called the military detention “unlawful and unnecessary.”