The ACLU’s John Hafetz returns to the show to discuss the American citizen and alleged ISIS fighter being held without charge in Iraq. Hafetz explains how a judge granted the man access to a lawyer through the ACLU and how Hafetz and others have been fighting to get the man to court. Hafetz then discusses the former cases under the Bush administration when Americans were charged as enemy combatants. According to Hafetz the case will hinge on whether the AUMF allows Americans to be detained without charge and whether it can be extended to a group like ISIS that wasn’t originally included in the AUMF.

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:

• “American ISIS Suspect Held in Iraq Has Right to Lawyer, Judge Rules” (New York Times)
• Ali Saleh Kahlah al-Marri
• Jose Padilla
• Yaser Esam Hamdi
• Authorization for Use of Military Force Against Terrorists (AUMF)
• National Defense Authorization Act (2012)

This episode of the Scott Horton Show is sponsored by: Zen Cash, The War State, by Mike Swanson; WallStreetWindow.com; Roberts and Roberts Brokerage Inc.; LibertyStickers.com; TheBumperSticker.com; and ExpandDesigns.com/Scott.

Check out Scott’s Patreon page.

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