What Kind of Custody Is It When You Secretly Hold an American at a Military Base?
Here’s a fairly minor point about the Gregory Saathoff report on Manssor Arbabsiar, the Scary Iran Plotter.
For the 12 day period when he was being secretly interrogated without a lawyer, he was being held at a military base.
Although at times Mr. Arbabsiar smoked inside the room, he often was escorted outside and on at least one occasion took a walk with agents around the military base.
Let me be clear: Arbabsiar’s arrest was approved by a US Magistrate. He was clearly arrested under civilian law.
And I’m not surprised the government held the cousin of a Quds Force member on a military base while they prepared to make an international incident out of his case. I’m sure Arbabsiar was nowhere near the first American citizen interrogated while in civilian custody at a military base.
But it’s coupled with the other part of this where it begins to get unsavory: the part where Arbabsiar had no lawyer and his legal team is now contesting whether he legally waived his right to a lawyer and presentment (and as I’ll explain if I ever get around to writing that post, I think their claim may have more merit than I originally did). And the part where the government didn’t check in with the Magistrate or have Arbabsiar medically examined until a week after he had been arrested.
So if the defense arguments about coerced waivers hold up (remember, we’re still seeing just part of what they’re complaining about), while a busy Magistrate knew he was in custody, Arbabsiar was otherwise in a black hole on a military base (though likely a quite pleasant one, with his own apartment) for a week to 12 days.
During the debate about the NDAA, people insisted we would never see a hybrid kind of detention where US citizens get indefinitely held, but in civilian custody. That’s not what happened to Arbabsiar; again, his detention had been approved by a Magistrate. But we are clearly inching closer to that kind of hybrid.
I think I can explain why Mansour may have been held at a military base, but it will take a few days to flesh out. It will have to do with the presence of a military connected observer who was there for a very specific purpose.
@Jeff Kaye: I suspect I know where you’re going.
But it really ought to rekindle worries about floating boats with Americans being interrogated.
@emptywheel: [Marcy, I apologize for the O/T here, but I’ve been trying to get in touch with Jeff for a couple of days].
Jeff, three things:
An interview on Democracy Now which mentions the effects of Larium on US military personel.
A comment of mine at The Guardian recording what happened in the NYT with words relating to a UK terrorism prisoner allegedly being awoken every hour by his guards. [I don’t know how long that will be there.]
I think Larry James showed up here [see comments]
@emptywheel: my “comment is awaiting moderation”?
@harpie: Got it. Got stuck in the multiple link rule, looks like.
@emptywheel: oops! I’ll remember that in the future. Thanks, Marcy!
this may be a minor detail, but it is not a minor civil rights matter, as ew clearly understands.
holding a citizen on a military base although that citizen was arrested under a civilian warrant is simply using civilian justice as a cover for military detention, as a means to rebutt criticism of the doj having created a jose padilla situation.
that there are u.s. dept of justice prosecutors and officials who would endanger citizen’s rights by engaging in this sort of subterfuge is frightening. the u.s. dept of justice and, i suspect, it’s national security institute in particular, have become precisely the instrument of repression they could have been predicted by a vigilant congress to become.
where is the protest against this behavior – in the congress, in the administration, from gov romney, in the media?
if the doj can hold a suspect in, say, solitary confinement in a civilian jail while interrogating him, why would they find need to detain him on a military base?
i can imagine the conveniences of using a military base, but i cannot imagine a legitimate need that cannot be met by a civilian facility.
off-topic but morbidly humorous:
http://www.moonofalabama.org/2012/10/the-outrage-industry.html
Susan Lindauer claims to have been imprisoned at Carswell military base, for a year.
@Frank33:
thanks, frank33.
here is the specific story from the list:
http://www.opednews.com/articles/A-Dangerous-Woman–Indefi-by-Susan-Lindauer-111211-162.html
other than my own comments to this effect, i don’t believe i have ever seen this in print:
susan lindauer wrote,
“… First off, I had personal knowledge of the CIA’s advance warnings about 9/11, and how Republican leaders thwarted efforts to preempt the attack…”
@harpie: o/t or not — I’ve been trying to connect to Craig Murray’s website since last night and haven’t been able to. I think it’s down.
craigmurray.org.uk
harpie, I noticed that one of your comments is in a Guardian story about the US presidential debates, and the last blog post I remember seeing at Craig Murray’s site was about the debates. He often goes away and lets his commenters keep the thread going until he comes back, but I don’t think he takes his website down. I can’t connect to it directly or through an old link to a specific post that I left in this comment in May:
http://www.emptywheel.net/2012/05/07/nyt-covers-the-war-on-terror-drugs-with-no-mention-of-larger-context/#comment-347834
Just me?
Maybe this is of interest. Recently I’ve had two comments disappear when I tried to post them. But when I took a link out, it would post. The second one was a couple of days ago, comments 3 and 4: http://www.emptywheel.net/2012/10/05/arsonist-burns-landmark-mosque/#comment-421382 The link that wouldn’t post was one I got from a bing image search; I did not know the website.
The first one, please look; after five tries, carrying over into the next day, I was finally able to make this comment post by removing a link.
http://www.emptywheel.net/2012/08/27/now-legal-speech-in-michigan-cold-and-hungry-god-bless/#comment-391722
I had gotten the (removed) link from a comment at Craig Murray’s website, and it was about US vets being arrested by police and involuntarily committed to psychiatric hospitals. The vet in question had posted anti-government lyrics on his Facebook page. I can’t go back to Craig Murray’s site now to get the link, but I can get it from e-mail and this is the story:
Secret Psyc Ward Renditions — USMC Sgt. Brandon Raub Was Just One of Many, by Jim W. Dean at Veterans Today.
See if this posts: http colon doubleslash www dot v e t e r a n s t o d a y dot com / 2 0 1 2 / 0 8 / 2 4 / s e c r e t – p s y c – w a r d – r e n d i t i o n s – u s m c – s g t – b r a n d o n – r a u b – w a s – j u s t – o n e – o f – m a n y /
Also, I noticed this when I was trying to post the link to the John Doe No. 2 image, and I did the spacing thing, on some characters the spacing would jump so you wouldn’t get one space, you wouild get two or more, backing up once to the back of the last letter and then spacing wouldn’t give you just one space. Maybe there’s a way to hide characters so there are invisible triggers? I make it all up, but it’s what I think of. iirc, in the John Doe link it was around the ~ character. In the VT link it’s between the o and d in “today” and maybe around the i in “[Rendi]tions” and around the hypehen and the o in “just-one” — the last two are complicated by the fact that they hit the end of the line in this comment box and so may invoke some kind of formatting caused by the box. Then again, it didn’t happen at every line ending.
Brandon Raub’s lawyer John Whitehead was interviewed by Scott Horton on his radio show (used to be Antiwar Radio) — you should be able to find it at http://scotthorton.org/all-interviews/ except I can’t connect there either. Can you? Raub wasn’t an isolated case, it’s happening by the hundreds or thousands.
@harpie: That is interesting about Bowden’s book. We’ll have to wait until it comes out to see if we can figure out how James helped him. Or perhaps one can outright ask Bowden now (though I don’t know how to reach him). James has been, er, rehabilitated: license kept, dean of a psych school, nice intro to his book by Zimbardo, etc.
I’m familiar with Pogany’s work and the issue of Lariam use among the troops. We mentioned Pogany, Mark Benjamin and Dan Olmstead’s work on Lariam use among troops (going back about 9-10 years now, in the articles Jason Leopold and I initially wrote on mefloquine (Lariam) at Guantanamo. Interestingly, Pogany never has anything to say about the Guantanamo issue re Lariam, and Amy Goodman never asks. She has never ever even alluded to the use of mefloquine at Guantanamo, even after the issue recently surfaced in a mainstream medical journal.
As for al-Masri, I unfortunately had not more time to do than what you have done, read the papers and blogs about it. The same was true until recently on the Arbabsiar situation (though I had briefly looked at some of the psych reports and left a comment about it). Thanks to EW, that has changed. Something more than the usual flavor of strange is happening here.
@harpie: Btw, you can always email me at sfpsych at gmail
@thatvisionthing: By the thousands? If so, that is very serious, but can you document that by reference to some story or statistic? Cases like Raub’s? Is this a reference to the use of forced hospitalization? If so, then thousands is likely true, but the situation is not such an easy one to decide. That said, I would rather err on not hospitalizing, than giving the state the right to take away one’s freedom. Still, we must understand that means people will die or be hurt because individuals who are truly out of control with mental illness or despair will take their own lives, or sometimes the lives of others. Is that a cost we as a society can live with? I’ve stated what I think, but I see the rationale on the other side as well.
@OrionATL: To be fair, they went VERY rapport based (though w/some nasty coercion, IMO). That’s easier to do when your target has a bedroom and living room than in a real cell.
@Frank33: Thanks. She’s kind of another great example of the problem there, no?
Though wasn’t her detention publicly known?
@Jeff Kaye: Thanks for getting back to me in such detail, Jeff. I’ll e-mail next time.
And thanks again to Marcy for putting up with me.
@Jeff Kaye:
Jeff, I am now able to get to Scott Horton’s radio interviews, and you can listen to the Whitehead interview here: http://scotthorton.org/2012/09/06/9512-john-whitehead/ – it’s 20 minutes long.
Meanwhile, I did a transcript, and Marcy can remove it if it’s not appropriate to post it here, but as I was typing it I thought the show had disappeared. How many vets does this affect? There’s confusion in the transcript between everyone who’s civilly committed and just vets who are civilly committed, but either way the numbers seem to be very large. Whitehead directs you to his website at rutherford.org, says you can see interviews, video of Raub being arrested, etc.
Places you particularly might want to notice are the part about forced medication, rubberstamp hearings:
And when Whitehead went to the VA Hospital with a court order for Raub’s release, the VA Hospital lied and denied he was there:
And:
———————
Okay, here’s the whole transcript:
Also, this is news to me though I see it’s two years old and I’m sure you know it. I was checking the spelling of Joshua Kors’ name and this link showed up — we use forced sleep deprivation on our own soldiers to coerce them:
@OrionATL:
Btw, my take on the escorts around the base was that they were calculated to show Arbabsiar what a big man he was. He was taken without handcuffs, a sign of respect for his importance. They played off his grandiosity.
@emptywheel:
As I recall, then, a public campaign was launched to declare that Lindauer was “nuts”. A distant relative, Andrew Card, a Bushie functionary, turned her in, to the “intelligence authorities”. And they tried to use the Patriot Act for indefinite detention.
She seems to keep a relatively low profie. Her topics are controversial, Lockerbee bombings, 1993 WTC attack, and so on. Here is one of the more recent interviews with her.
http://www.youtube.com/watch?v=UloHvuQLrX0
@thatvisionthing:
thanks for making and posting this transcript.
the more detailed facts available, the better my confidence in my understanding of what likely happened.
take away line:
roughly this,
“jw: i talked with him. he is as sane as you or i.”
p.s. it is beginning to look as if the ew weblog stumbled upon a hidden facet of our budding police state while in the process of trying simply to understand the details of a baffling and, on it’s surface, trivial game of spy v spy. somehow, this arbabsiar matter, involving a slightly goofy naturalized citizen whose happens to be the cousin of an iranian spy chief, keeps investigating journalists stepping into fbi/cia spoor no matter which direction they turn and walk.
@OrionATL: Thanks. It’s all the more remarkable in that I got started on it by following a commenter’s link on a UK website.
I still can’t connect to Craig Murray’s website.
@Jeff Kaye: Agree. And while it probably ISN’T West Point, it could be. Imagine if you “cooperate” with your guards on the premiere military academy? Plus, it’s gorgeous.
@Frank33:
The problem with Lindauer’s story is that there is inherently great difficulty in working up through levels of deniability and cover associated with a field asset for the CIA. Lindauer claims she was an intelligence asset and that her handler was Dr. Richard Fuisz. Fuisz is a manufacturer with his latest product being a digital encoding/decoding watch. His CV is a business CV with no ostensible direct connection to the CIA. The exposure of the kinds of oligarchic defense cartels that Sibel Edmonds raised certainly suggests questions about the public or legal capacity to pierce certain operative veils, not to mention the suggestions of the nature of CIA cover activities suggested in the exposure of Brewster Jennings.
I think its a bit much to think that a federal court is going to exact a piercing exposure of the chains and levels of covert intelligence operations. In fact someone who is basing a defense on the requirment of this level of CIA compromise might in fact be considered crazy. /q-sn*. Lindauer found her self with few options once she began to level these accusations of high level treason. Its all a matter of a point of view. Judge Mukasey did save Lindauer from the lobotomizing cocktail of psychotropic medication that the Fedearal Prosecutor was seeking to have administered to Lindauer.
CIA assets insulated in deniability might could expect that the going could get tough. Thing is that Lindauer, who has the background and credentials that would make her participation in the murky world of carrying back channel signals, seems sane and credible.
*quasi-snark
Morning update: I still can’t connect to Craig Murray’s website, and I couldn’t send an e-mail either:
this is the “naturalized” in 2010 “citizen” that was known to have all the Iranian trips, etc., etc. in your previous article, right!?
it truely has become a “mad, mad, mad world.”
Morning update: Craig Murray is back up,
and my AT&T “Temporary Error 2” persists. I haven’t clicked it, it hasn’t fixed itself. Not so temporary.