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and the aftermath.

What gives me a alarm about this case is the specter of that history repeating, which

is to say the prospect that you could have a John Doe detainee where because the US

doesn't identify him and because it does not provide him with access to counsel and

because it contests the ability of someone like the ACLU to litigate on his behalf, this

litigation actually drags out for a while whether or not the courts ultimately conclude

that the government does or does not have the authority to detain him.

That is to say, I'm alarmed by the specter of just how long the government could thwart,

frustrate, or otherwise impede judicial review in a case like this because I don't know

what precedent that sets for next time.

Indeed, one would have thought that the Josepedia case would have been a precedent for this

time except that it is no precedent.

I'm Vanessa Soder and this is the LawFair podcast, October 17, 2017.

When an American ISIS fighter turned himself in to Syrian Democratic Forces last month,

the subsequent detention of the unnamed enemy combatant by US forces sparked concern.

To explore the implications of John Doe's detention, Steve Vladik joined Benjamin Wittis

for a lively debate on the level of alarm that the American citizen held a military custody

should raise.

...