Captured American ISIS terrorist could undermine the whole war

An American citizen fighting for the so-called Islamic State is currently in the U.S. military’s custody. If Donald Trump decides to keep him there, it could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS, leading national security lawyers say.

The unnamed American, whom the Pentagon says surrendered to U.S.-allied forces battling ISIS in Syria around Sept. 12, is currently held by the military as an enemy combatant. Multiple officials told The Daily Beast that the Trump administration has yet to decide whether that will be his long-term fate.

Neither the Defense Department nor the Justice Department would comment Monday on active deliberations concerning whether the American will face criminal charges in the United States or remain a military detainee. “The disposition for any detainee is ultimately determined by what best supports the national security of the United States and of our allies and partners, consistent with domestic and international law,” said the Pentagon’s detentions spokesman, Maj. Ben Sakrisson.

Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.

But Trump has long indicated he would take a different, more contentious route. Throughout the presidential campaign, Donald Trump indicated that his preference was toward military custody for ISIS fighters, even going as far as to be open to Guantanamo detention for a U.S. citizen facing a military tribunal—which would be illegal, as the Military Commissions Act of 2006 applies only to “alien unlawful enemy combatant[s].”

Asked if the Defense Department believes it can hold a U.S. citizen at Guantanamo, Sakrisson indicated it was a complex question.

“There is nothing that prohibits detaining a U.S. citizen as an enemy combatant at Guantanamo,” Sakrisson said. “But the actual likely disposition for any potential detainee would take into account what would be appropriate with respect to legal, diplomatic, intelligence, security, and law enforcement considerations.”

Source: Daily Beast