American IS suspect challenges ‘unconstitutional’ four-month detainment as Guantánamo nears

An unidentified American allowed to speak with the ACLU by a federal court has asked the group to challenge his nearly four month detention without charges by the US military in Iraq, as fears that he could be shipped out of the country to Guantanamo Bay or another facility grow.

He was moved to Iraq after being captured in Syria when he surrendered on a battlefield and was held as an enemy combatant and suspected member of Islamic State, the government has said.

In a court filing, ACLU lawyers said the US citizen informed them of his wishes during a video conference arranged through the Pentagon on Wednesday.

The video conference was set up after US District Judge Tanya Chutkan of Washington on December 23 ordered the Defence Department to give the civil liberties group access to the man.

The ACLU did not disclose details of the call, which was arranged but not monitored by US authorities, but told the court the man indicated he wanted to assert his constitutional right to challenge the basis for his detention and for the ACLU to represent him in court.