Judge: American accused of ties to IS must have lawyer

WASHINGTON — A federal judge ruled Saturday that the U.S. military must provide legal counsel to an American citizen who was picked up months ago on the Syrian battlefield and accused of fighting with Islamic State militants.

The unidentified American, who has not been charged, surrendered to U.S.-backed fighters in Syria around Sept. 12 and is being held in Iraq as an unlawful enemy combatant.

The American Civil Liberties Union filed a court petition challenging his detention and asking to act on his behalf to provide him access to legal counsel.

Late last month, the U.S. government acknowledged that it has detained an American citizen accused of fighting with Islamic State for months without fulfilling his request to see a lawyer. Responding to a court order, the government said the man picked up on the Syrian battlefield indicated he was willing to talk to FBI agents but “felt he should have an attorney present.”

In her ruling, U.S. District Judge Tanya Chutkan denied the Defense Department’s motion to dismiss the matter and ordered the military to give the ACLU “access to the detainee” so that it can determine whether he wants the ACLU to represent him. The judge also ordered the Defense Department not to transfer the detainee until the ACLU tells the court of the detainee’s wishes.

“This is a landmark ruling that rejects the Trump administration’s unprecedented attempt to block an American citizen from challenging his executive imprisonment,” said Jonathan Hafetz, staff attorney for the ACLU. “Ensuring citizens detained by the government have access to a lawyer and a court is essential to preserving the Constitution and the rule of law in America.”