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:

• “A Captured American ISIS Fighter Could Undermine the Whole War” (The Daily Beast)
• “American Detained by Military Wants a Lawyer, Government Acknowledges,” by Charlie Savage (The New York Times)
• Lackawanna Six
• “At judge’s order, Pentagon confirms American ISIS suspect caught in Syria asked for lawyer” (Washington Post)
• “Court releases DOJ memo justifying drone strike on US citizen” (The Hill)
• Hamdi vs. Rumsfeld
• Scott Greenfield
• Graham vs. Conner

Today’s show is sponsored by: NoDev, NoOps, NotIT, by Hussein Badakhchani; The War State, by Mike Swanson; WallStreetWindow.com; Roberts and Roberts Brokerage Inc.; LibertyStickers.com; TheBumperSticker.com; 3tediting.com; ExpandDesigns.com/Scott; and Darrin’s Coffee.

Check out Scott’s Patreon page.

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