Story highlights DOJ says the man has not been questioned after he invoked his right to counsel

He's been detained for over two months

Washington (CNN) Lawyers for the Justice Department revealed for the first time in a court filing Thursday that an unnamed US citizen, who has been detained as an "enemy combatant" in Iraq for over two months, asked his interrogators for an attorney and was told it is "unknown" when he would receive one.

The individual, whose identity and precise location have not been released, was turned over to US forces in mid-September and is accused of fighting for ISIS in Syria, according to court documents. He's met with the Red Cross twice, but has otherwise been held incommunicado with the outside world.

The Justice Department said the man had been advised of his rights to remain silent and consult with an attorney, and the man indicated he wanted one.

"The individual stated he understood his rights, and said he was willing to talk to the agents but also stated that since he was in a new phase, he felt he should have an attorney present," DOJ attorney Kathryn Wyer wrote in Thursday's court filing. "The agents explained that due to his current situation, it was unknown when he would be able to have an attorney, and the individual stated that it was OK and that he is a patient man."

"No further questioning of the individual for law enforcement purposes has taken place," Wyer added.

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