The ACLU’s Jonathan Hafetz joins Scott to shed light on the situation in Iraq where an American citizen has been held by the United States military for nearly three months. According to Hafetz the military has not released the man’s name, and hasn’t given him access to a lawyer despite his requests for one. The ACLU is now fighting in court in order to speak with him and and advise him on his rights. According to Hafetz there are three options the state is considering: 1) Hold the man in military custody as an enemy combatant; 2) try to bring charges against him in federal court; or 3) move him to another country. Hafetz explains the nuances of the legal proceedings, including the important fact that U.S. law enforcement read the man his Miranda Rights. Scott then turns to the latest horrific police shooting and asks Hafetz about the legal precedent set by cases involving police shootings.

Jonathan Hafetz is a senior staff attorney at the ACLU Center for Democracy. He teaches at Seton Hall Law School and has published many books. Follow him on Twitter @JonathanHafetz.

Discussed on the show:

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