After two months of guard duty at an oil-field compound, however, he lost his enthusiasm for the cause and deserted his post, leading to another spell in prison and a reassignment. He tried to settle down in Syria as a farmer of olives and almonds. At one point he bought 80 sheep and made a plan to resettle in Turkey, as a shepherd. Then, in , after arguing with his wife, he finally quit ISIS for good. The evidence that he engaged directly in fighting during his time with ISIS is circumstantial, relying mostly on his Google search history and the likelihood that he was in an area of active hostilities.
Since surrendering to U. Even his identity has remained a closely guarded secret. In court filings he is known simply as Unnamed U. Citizen or John Doe. In it, the group argued that imprisoning Doe indefinitely represents a gross violation of his constitutional rights. It has demanded that the government provide Doe with access to attorneys, transfer him to the U. Since September 11, U. After inheriting the wars in Afghanistan and Iraq from George W.
How a U.S. citizen captured on the battlefield with ISIS may finally force America to confront the legacy of 9/ Efforts by jihadist terrorist organizations to inspire terrorist attacks in the United States have thus far yielded meager results. No American jihadist group has.
Now, as the case of John Doe demonstrates, Donald Trump is attempting to expand the scope of the war on terrorism even further—an effort that the courts may ultimately find to be illegal. Congress wrote that text in haste just hours after the September 11 attacks and passed the resolution on September 14, , by a vote of to 1. Johnsen in his history of the consequential text. While the AUMF makes no explicit mention of detention or surveillance, the Bush administration used it to justify the indefinite detention of enemy combatants and as part of the legal basis for its highly controversial warrantless wiretapping program, in which it sucked up the communications of millions of Americans.
Two years later, however, Obama ignored the War Powers Resolution when he committed American forces to the campaign against Muammar Qaddafi in Libya without seeking congressional approval. The last American to be detained as an enemy combatant was Yaser Esam Hamdi, a Louisiana-born dual citizen of the United States and Saudi Arabia who was captured in Afghanistan in Three years after his capture, in June , the Supreme Court ruled that Hamdi could not be held indefinitely without being given an opportunity to challenge his detention in court.
That fall, after renouncing his U. The Hamdi decision clearly implies that John Doe is similarly entitled to an adversarial hearing and a weighing of the evidence, but the Trump administration appears to be in no hurry to grant him one. More than 90 days passed before Doe first spoke with his lawyers, according to the ACLU, and they have still not been able to arrange a face-to-face meeting. He is alleged to have made several pro-ISIS tweets and searched frequently for beheading videos during the weeks immediately before he entered Syria.
The government also uses more speculative hearsay from Kurdish forces. At the hearing in November, Kathryn Wyer, a lawyer for the Justice Department, said the government is still considering what to do with Doe, and that U.
How long that period might be is an open question. The judge in the case, Tanya Chutkan, pressed the government to declare whether Doe had been advised of his constitutional rights.
The Trump administration later confirmed that FBI agents had informed Doe of his right to remain silent and that Doe had expressed his desire to have an attorney present during questioning. Trump, on the other hand, seems committed to the broadest possible interpretation. This story has been shared , times. This story has been shared 34, times. This story has been shared 26, times.
View author archive Get author RSS feed. Name required. Email required. Comment required.
Enlarge Image. More On: jihadists.
Read Next 2 survivors of deadly duck boat disaster released from hos Share Selection. Now On Now on Page Six. Video length 33 seconds Extreme athlete trades in treadmills for tree trunks.