‘Unlawful enemy combatant’ likely headed to court

WASHINGTON — The secret military detention of a U.S. citizen who allegedly fought for Islamic State has posed an unusual legal test for the Trump administration as it struggles to define a policy for dealing with captives in the war on terror.

The Pentagon has yet to release the name of the American in custody. They say he surrendered to U.S.backed militia forces in Syria on or about Sept. 12 and was turned over to U.S. military authorities.

U.S. forces are detaining him as an “unlawful enemy combatant” at an undisclosed location in Iraq, the Pentagon said.

U.S. officials have not said when he will face charges, be given a lawyer or be brought before a judge.

In an attempt to force the issue, the American Civil Liberties Union has filed a habeas corpus petition in U.S. District Court in Washington, arguing that the secret detention violates a U.S. citizen’s rights to see a lawyer and to answer charges before a judge.

“He’s being held basically in a black box, without any way to enforce his rights,” said Jonathan Hafetz, a senior lawyer for the ACLU.

Hafetz said the government can’t hold an American citizen indefinitely without charges or access to the legal system.

The Justice Department said it was reviewing the ACLU petition.

An International Committee of the Red Cross delegate visited the American last week in accordance with the group’s role in military conflicts.