American ISIS Fighter Can Meet With Lawyer, Judge Says

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“On December 19, 2013, President Obama nominated Chutkan to serve as a United States District Judge of the United States District Court for the District of Columbia, to a new seat created pursuant to 104 Stat. 5089, on July 1, 2013. Her husband Peter Arno Krauthamer, a judge to the bench in the Superior Court of the District of Columbia, was nominated by President Barack Obama on July 11, 2011.”

That says it all. There has never been anything like the Obama administration in American history: a den of traitors and saboteurs, all working against American interests at every turn. Americans will suffering the ill effects of that traitorous administration for years to come, despite all that President Trump has done in the last year to undo the damage. Did Nazi soldiers get to meet with the ACLU when they were taken prisoner? This ruling is ridiculous, and based on the false premise that jihad terror is criminal activity, when what it really is is war, separate battles in a long war.

“American ISIS Fighter Can Meet With Lawyer, Judge Says,” by Kevin Daley, Daily Caller News Foundation, December 24, 2017 (thanks to Todd):

The U.S. military must allow an unnamed U.S. citizen held in Iraq as an enemy combatant access to legal counsel, a federal judge in Washington, D.C., ruled Friday.

The combatant has been held in Iraq since September on suspicion of fighting for the Islamic State. Judge Tanya Chutkan found the ACLU can meet with the prisoner to determine if he wishes to retain a lawyer.

“Ordering the government to allow the ACLU access to this American is an essential protection of his constitutional rights and a major victory for the rule of law against unchecked executive power,” ACLU attorney Jonathan Hafetz said in a statement.

The controversy was occasioned in September when a Syrian militia captured the individual in ISIS-held territory. He was transferred to the U.S. armed forces, who immediately classified him as an enemy combatant. Held at an undisclosed location in Iraq, the detainee has not been permitted access to a lawyer or to his family, though the Red Cross has met with him on several occasions.

The ACLU filed a habeas corpus petition on the prisoner’s behalf on Oct. 5.

The government argued the ACLU has no standing to intervene in the case, and that the detainee has no right to counsel while the administration determines how to dispose of his case. In rebuttal, the ACLU said they can represent the detainee under “next friend standing.”

Next friend standing is granted when a third party wishes to proceed on someone else’s behalf. The “next friend” must demonstrate that they are dedicated to the real party’s best interest and that the real party cannot proceed on their own due to some incapacitation.

The court agreed the ACLU satisfied these requirements, and ordered the military to allow them access to the detainee. Friday’s order only allows the ACLU to determine if the detainee wishes to retain the organization as his legal counsel. If he rejects their offer, they will not be permitted further access….

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