Judge Issues Temporary Order Blocking DOD Transfer of U.S. Citizen to Foreign Custody

The following excerpt is from an article that originally appeared on Hit and Run Reason

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U.S. District Judge Tanya Chutkan issued an order this afternoon temporarily blocking the transfer of a dual U.S.-Saudi citizen detained in Iraq out of the jurisdiction of U.S. courts. Lawyers for the Defense Department (DOD) allege the detainee is an ISIS fighter; the American Civil Liberties Union (ACLU) is representing him.

The order will remain in force only for five days, at which time Chutkan will decide whether to keep it in place or whether the DOD can make the transfer without further review.

At a hearing before Chutkan this morning, the government admitted that, to its knowledge, the man is not accused of or wanted for a crime in any other country, nor is the U.S. holding him on behalf of any other country that wishes to charge him later. Under Supreme Court precedent, either circumstance would probably defeat any challenge to the legality of his continued

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