The ACLU is suing Gen. James Mattis and the Department of Defense to keep an American citizen suspected of ties to ISIS who was captured in Syria and turned over to U.S. forces for interrogation in Iraq from being released back in Syria:

Define safely. It’s not that this guy, listed as John Doe in the proceeding, doesn’t pose a threat. It’s that there’s not enough evidence to charge him with a crime:

And this is a rich argument since the guy was first picked up in Syria:

To make matters more complicated, the ACLU wants this guy released to Saudi Arabia where he also has citizenship, but an appeals court just ruled that’s not possible. From the Washington Post:

The government cannot “forcibly — and irrevocably — transfer” an American citizen and suspected Islamic State member held in U.S. custody in Iraq to a third country, a federal appeals court ruled in an opinion made public Wednesday.

The 2-to-1 decision upholds an earlier ruling that blocked the imminent transfer of the man, who has been held without charges for more than seven months after he was captured in Syria and handed over to U.S. forces.

***

“We know of no instance — in the history of the United States — in which the government has forcibly transferred an American citizen from one foreign country to another,” wrote Judge Sri Srinivasan, who was joined by Judge Robert L. Wilkins. “There is all the more reason, then, to proceed with considerable caution before recognizing such a power as unilateral.”

No wonder President Obama just droned American citizens suspected of terrorist ties.

The ACLU has until midnight to respond to the Department of Defense’s plan:

The plan, fwiw, would basically drop John Doe off in Syria with food, water, a new cell phone and roughly $4,000, which was the amount of money he had on him when captured:

Seems fair!

***

 

Tags: ISISSyria