Background Hamdi v. Rumsfeld

1 background

1.1 life , capture
1.2 detention , legal challenge
1.3 district case
1.4 appellate case

background

hamdi during detention @ guantanamo bay.


early life , capture

yaser esam hamdi born in louisiana citizen of united states in 1980. same year, , family moved saudi arabia.

according father, hamdi went afghanistan in late summer of 2001 relief worker. captured less 2 months after arrival afghan northern alliance. turned him on u.s. military authorities during u.s. invasion. classified enemy combatant u.s. armed forces , detained in connection ongoing hostilities.

hamdi s father claimed hamdi had gone afghanistan relief work , trapped there when u.s. invasion began, citing young age , lack of travel experience reasons being trapped.

detention , legal challenge

after capture in 2001, hamdi detained , interrogated in afghanistan. in january 2002, americans transferred hamdi guantanamo bay. in april 2002, when officials discovered held u.s. (as saudi) citizenship, transferred him naval prison brig in norfolk, virginia , naval consolidated brig in charleston, south carolina. in june 2002, hamdi s father, esam fouad hamdi, filed habeas corpus petition in united states district court eastern district of virginia challenge detention.

the bush administration claimed because hamdi caught in arms against u.s., detained enemy combatant, without oversight of presidential decision making, , without access attorney or court system. administration argued power constitutional , necessary fight war on terror, declared congress of united states in authorization use of military force passed after september 11 terrorist attacks. government used detention authority ensure terrorists no longer threat while active combat operations continued , ensure suspects interrogated.

district case

judge robert g. doumar ruled hamdi s father proper next friend having standing sue on behalf of son, , ordered federal public defender given access hamdi. on appeal, however, fourth circuit reversed district court s order, ruling district court had failed give proper deference government s intelligence , security interests, , should proceed deferential investigation.

the case sent district court, denied government s motion dismiss hamdi s petition. judge doumar found government s evidence supporting hamdi s detention woefully inadequate, , based predominantly on hearsay , bare assertions. district court ordered government produce numerous documents in camera review court enable perform meaningful judicial review, such statements northern alliance regarding hamdi s capture, dates , circumstances of capture , interrogations, , list of officials involved in determination of enemy combatant status.

appellate case

the government appealed judge doumar s order produce evidence, , fourth circuit again reversed district court. because undisputed hamdi captured in zone of active combat in foreign theater of conflict, fourth circuit said not proper court hear challenge of status. ruled broad warmaking powers delegated president under article 2 of united states constitution , principle of separation of powers prohibited courts interfering in vital area of national security.

after fourth circuit denied petition rehearing en banc, hamdi s father appealed u.s. supreme court. granted certiorari review , reversed fourth circuit s ruling. hamdi represented before court late federal public defender frank w. dunham, jr., , government s side argued principal deputy solicitor general, paul clement.