A federal judge on Thursday ordered the government to provide information about a U.S. citizen that the U.S. military has detained for allegedly fighting for ISIS in Syria, according to Politico.
The person has not been publicly identified and has been in custody since mid-September. A U.S.-backed Kurdish-led group fighting ISIS in Syria turned him over to U.S. forces, according to CNN.
Judge Tanya Chutkan questioned whether the person had been advised about his right to an attorney, or whether he wanted to pursue legal action about his detention, according to Politico.
Justice Department lawyer Kathryn Wyer told the judge that the Defense Department had not issued a statement with that information.
"You're not answering my question, and I'm not trying to be impatient, but I'm growing impatient. The court feels the need for that information in order to make an adequate determination in this case… Frankly, I'm amazed you didn't come to this hearing with that information," Chutkan said, according to Politico.
The judge ordered the government to disclose those details by 5 p.m. Thursday, according to the reports.
"This is the exceptional circumstance. This is the nightmare scenario where the government has locked up an American citizen in secret. Under the government's position, they could yank someone off the streets," said Jonathan Hafetz, an attorney for the American Civil Liberties Union, according to Politico.
In October, the ACLU filed a lawsuit requesting that the person be given access to counsel. The Justice Department said that the ACLU could not sue because it has not proved that the individual wants the ACLU to intervene, CNN reported.
Chutkan suggested that the logical end of the administration's argument in the case was that "the government could snatch a U.S. citizen off the street…for as long as it took to come to some 'final disposition,'" the judge said, according to CNN.
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