[Icelander]

Originally Posted by Warlockco

Doubtful that the Military would turn said person over into the care of only the DHS or even the US Marshals.

Originally Posted by sir_pudding

DoD is likely to retain custody at all times, I think, for one thing the prisoner is still a serviceman and they are responsible for his welfare. I would imagine that under these circumstances DHS would send agents to whatever military facility the prisoner was detained at.

The DHS sent agents to USDB Fort Leavenworth and they talked to Inmate Taylor. They were then followed by a cheerful, smooth-talking, preppy, WASP-y yatch club member in good standing named 'Cam' Townsend JD, MBA (and God-knows-what-else), acting as emissary for his boss, Director* Vani Gujarat.

The main thrust of their argument seemed to be that they required Inmate Taylor to speak, in person, to some of his former associates, who could not be brought to Kansas.

*"Director of what?"
"Office of the Inspector General, Strategic Analysis Group."
"What's that?"
"We do analysis of long-term trends in procurement, enforcement strategies, training, standards and practices."
"What has that got to do with a national security investigation?"
"You have been fully briefed by your superiors, up to the limits of your security clearance."

Originally Posted by Warlockco

Yes, and they would most likely never leave the inmate alone with DHS personnel.

Can they do that?

I get that they can demand to retain custody and probably get that to stick, but custody doesn't imply permission to be present during all interviews.

For example, they would never be allowed to sit in on conferences with the inmate's defence attorney and if there is potential that any deal offered by the DHS might affect Inmate Taylor's chances of parole, he will probably be able to demand access to an attorney.

I don't know what happens if ICE/HSI or BDP investigators claim that they must interrogate Inmate Taylor about TS-SCI intelligence he was privy to as a serving soldier and that the CID agents are not cleared for that. Or that he still has operational information about foreign intelligence sources that they must obtain from him in connection with a joint task force operation against drug cartels that does not include the CID.

It would seem that the legal requirements of custody was served even if they didn't follow him into an interrogation room. After all, it's not as if regular police are not allowed to leave prisoners in locked or closed rooms, even with guests (lawyers, even family members or romantic partners in my experience) while still retaining legal custody of them.

Originally Posted by Warlockco

If Navy or Marine, they would probably at the very least have a pair of NCIS agents assigned as their babysitters/guards. Organization reports to the Sec of the Navy.
Air Force would be Office of Special Investigations. Organization reports to the Sec of the Air Force.
Army would be Criminal Investigation Command. Organization reports to Sec of the Army.

All three organizations are a mix of civilian and military personnel, with most personnel being civilian (with or without vet status).

It seems entirely plausible that instead of two US Marshals, which was my initial guess, there would simply be two US Army CID agents, either military 31D or civilian 1811. I'm not sure which or even if one or both of them should be enlisted (probably not both, given the political sensitivity of the DHS request).

Originally Posted by Warlockco

By tradition, most law-enforcement organizations are VERY territorial, especially at the Federal level. After all whoever is in lead (in charge) of an investigation or operation is the one that gets all the credit and can pass blame onto the other organizations as hindering them (if under a joint investigation/operation).

Granted. On the other hand, DHS is shovelling blame with both hands at the DOD and the US Army specifically for the disaster on the Mexican border, so I'm guessing that whatever shadowy figures within the DOD that are privy to the details of Onyx Rain did their best to ensure cooperation with the DHS for now.