American-born "ISIS bride" Hoda Muthana and her child are likely to be allowed to return to the United States even though President Donald Trump and Secretary of State Mike Pompeo have said they will not permit it, the woman's lawyer Charles Swift told Fox News' "America's Newsroom" on Tuesday.
"None of those people matter, because they don't get to say whether she's a citizen or not," Swift said. "The court will ultimately determine that . . . we are very likely to succeed."
Swift said he is certain of her case, because it hinges on whether or not she is an American citizen. Pompeo says she is not.
The main contention is if Muthana's father, who was a Yemeni diplomat, was employed at the time of her birth, which Swift says is not up for debate.
"It's absolutely factual that he was not a diplomat" at the time but had been fired a few months before her birth, he said.
This is the key point, because children of diplomats do not get American citizenship if they are born in the U.S.
Swift was commenting after a judge Monday denied a request from Muthana's family to expedite consideration of her case, finding there was not sufficient evidence she would be irreparably harmed, CNN reported.
Swift argued Muthana, who is in a refugee camp in Syria, faced immediate harm, noting she had to change camps at least once due to ISIS threats after interviews with the media.
Swift said he did not defend Muthana's actions when she called on Twitter for violence against Americans in 2015, and pointed out she will face penalties for her crimes if she returns to the US.