@NSLpodcast @BobbyChesney @steve_vladeck Is my understanding that there really is no obligation for DoD to tell the public about citizens like Alsheikh it holds in detention correct? The incentives of that, especially after Doe v Mattis, seem fairly dangeous.
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I guess the ICRC can fill some of that role, but my limited understanding is that that's not really their role.
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ICRC will connect detainees to their families and their home governments, but don’t publicize more broadly. If captive is a US citizen, there’s likely a constitutional violation if otherwise-lawful detention is incommunicado on a protracted basis.
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Thanks! What's your guesstimate where that "lawfully incommunicado" window would end?
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I don’t think anyone can say with precision, for lack of cleat precedent or other source for legal lines, and lack of a concrete fact pattern.
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Hence guesstimate ;)
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