The Trump administration is using a diabolical Catch-22 to deny an American citizen due process and is holding him incommunicado on an indefinite basis.
Justice Department attorneys fighting off an attempt by the American Civil Liberties Union (ACLU) to challenge the seven-week-old detention of the citizen argued in a federal court that the ACLU lacks the right to challenge the detention because it is not representing him.
The reason the ACLU doesn’t have a “significant relationship” with the detainee is a Catch-22: The Trump administration refuses to name him, thereby hindering him or a proxy from hiring an attorney. He is currently detained in Iraq and is unable to challenge his detention before a judge-- either in Iraq or in the U.S.
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