The government's emerging position that it can prevent courts from addressing merits of the military detention of an unnamed U.S. citizen by declining indefinitely to identify him should be rejected—with nuance.
Latest in enemy combatant
On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson. This is a good thing. We should have an updated AUMF. But, failing that, we should at least have regular and serious hearings in which Congress elicits information about how the President currently construes these authorities.
A key Department of Defense policy document on detention operations may be of heightened interest as the government holds a U.S. citizen linked to the Islamic State.
The answer may turn on the Supreme Court's 2008 decision in Munaf v. Geren.
The Pentagon has confirmed that an American citizen is being held in U.S. military custody in Syria or Iraq as an enemy combatant