Houston Chronicle

American held as ISIS suspect creates dilemma for White House

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WASHINGTON — Trump administra­tion officials are divided over how to handle a U.S. citizen whom the military has held in Iraq for more than three weeks as a suspected Islamic State group fighter, according to an official familiar with internal deliberati­ons, raising a dilemma that could resurrect some of the biggest wartime policy questions of the post-9/11 era.

Providing the first details about a predicamen­t that the Trump administra­tion has kept draped in near-total secrecy, the official said the problem facing Pentagon and Justice Department officials is how to ensure that the man — who surrendere­d Sept. 12 to a Syrian rebel militia, which turned him over to the U.S. military — will stay imprisoned.

It may not be possible to prosecute the man because most of the evidence against him is probably inadmissib­le, the official said. But holding a citizen in longterm wartime detention as an enemy combatant — something the military has not done since the George W. Bush administra­tion — would rekindle major legal problems left dormant since Bush left office and could put at risk the legal underpinni­ngs for the fight against the Islamic State.

Admissible evidence is sparse, said the official, who spoke on the condition of anonymity to discuss sensitive informatio­n without authorizat­ion, adding that the FBI and Justice Department were working to build the case.

But the pressure to make a decision is mounting. On Thursday, the American Civil Liberties Union filed a habeas corpus petition asking a judge to order the Pentagon to let its lawyers visit the prisoner and to rule that the government’s holding of him in detention without due process is unconstitu­tional.

“The U.S. government cannot imprison American citizens without charge or access to a judge,” said Jonathan Hafetz, an ACLU lawyer. “It also cannot keep secret the most basic facts about their detention, including who they are, where they are being held and on what authority they are being detained. The Trump administra­tion should not resurrect the failed and unlawful policy of ‘enemy combatant’ detentions.”

But it is unclear whether the group has standing to bring that complaint without the man agreeing to let it represent him.

The prisoner, the senior administra­tion official said, was born on U.S. soil, making him a citizen, but his parents were visiting foreigners and he grew up in the Middle East.

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