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| | Hamdi v. Rumsfeld - Wikipedia, the free encyclopedia |
 | | Rumsfeld, 124 S. Ct. 2633 (2004) was a U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an unlawful combatant. | | | The court ruled that Hamdi's father was a proper "next friend" having standing to sue on behalf of his son, and ordered that a federal public defender be given access to Hamdi. | | | In June of 2002, Hamdi's father, Esam Fouad Hamdi, filed a habeas petition in the United States District Court for the Eastern District of Virginia. |
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http://en.wikipedia.org/wiki/Hamdi_v._Rumsfeld
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| | Hamdi v. Rumsfeld (2004) |
| | Hamdi enjoys the full protections of the Constitution," and that Hamdi's detention in the United States without [***8] charges, access to an impartial tribunal, or assistance of counsel "violated and continues to violate the Fifth and Fourteenth Amendments to the United States Constitution." Id., at 107. | | | In response, Hamdi emphasizes that this Court consistently has recognized that an individual challenging his detention may not be held at the will of the Executive without recourse to some proceeding before a neutral tribunal to determine whether the Executive's asserted justifications for that detention have basis in fact and warrant in law. | | | Hamdi argues that he is owed a meaningful and timely hearing and that "extra-judicial [*2644] detention [that] begins and ends with the submission of an affidavit based on third-hand hearsay" does not comport with the Fifth and Fourteenth Amendments. |
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http://faculty.maxwell.syr.edu/tmkeck/Cases/HamdivRumsfeld2004.htm
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| | CFAU.org: 03/28/04 - Hamdi v. Rumsfeld -- Amicus Brief |
| | Hamdi apparently was born in the United States, but beyond the accident of birth, his circumstances do not seem to satisfy the phrase “and subject to the jurisdiction thereof” in the Citizenship Clause of Section 1 of the Fourteenth Amendment (hereinafter “the jurisdiction requirement”). | | | Petitioner Hamdi was born in the United States, but he has not demonstrated that he has fulfilled the jurisdiction requirement of the Citizenship Clause of the Fourteenth Amendment. | | | Hamdi’s service in a military force opposed to the United States is a complete denial of his “imperative obligations of citizenship, performance of which Congress in the exercise of its powers may constitutionally exact. |
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http://www.cfau.org/hamdi/amicusmerits.htm
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| | Hamdi v. Rumsfeld |
| | Additionally, the appeals court found Hamdi's detention without access to a lawyer to be a legitimate exercise of the government's war powers. | | | However, the Fourth Circuit reversed, holding that although Hamdi does have the ability as a U.S. citizen to file a habeas corpus proceeding challenging the legality of his detention, that does not entitle him to court review of the factual basis for his designation as an enemy combatant. | | | The district court ordered the government to produce various documents demonstrating that Hamdi is an enemy combatant. |
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http://law.duke.edu/publiclaw/supremecourtonline/certgrants/2003/hamvrum.html
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| | The Enemy Combatant Cases - dKosopedia |
| | It is very likely that at least one of the Justices who agreed to dismiss the case on procedural grounds, Justice Scalia, would join the other four judges in finding that Padilla's detention was unlawful if the case were to return to the U.S. Supreme Court. | | | Two more justices, Souter and Ginsberg, took a position similar to the plurality, but holding that the facts alleged about Hamdi did not show that he was an enemy combatant in their narrower definition of that status, and discounting any review other than in Article III courts. | | | Two more justices, conservative Justice Scalia and liberal Justice Stevens, co-authored an opinion arguing that Hamdi could be held only if charged with a crime, and that enemy combatant status did not exist for U.S. citizens held in the United States. |
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http://www.dkosopedia.com/index.php/The_Enemy_Combatant_Cases
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| | Court: Terror suspects can challenge detentions - U.S. Security - MSNBC.com |
| | But while she said Hamdi was entitled to a hearing, she suggested the court majority could accept his not getting all the protection he'd get in a federal district court hearing. | | | That bright spot for the administration was almost eclipsed, however, by the court's ruling that Hamdi can use American courts to argue that he is being held illegally. | | | The court threw out a lower court ruling that supported the government's position fully, and Hamdi's case now returns to a lower court. |
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http://www.msnbc.msn.com/id/5316401
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| | Hamdi, Yaser v. Rumsfeld, Donald , Defense Secy. - Medill School of Journalism - On the Docket |
| | Concerned that Yaser Hamdi, then 21 years old, would face criminal charges as John Walker Lindh had, Dunham proceeded to file a writ of habeas corpus on May 10, 2002, on behalf of Hamdi as "next friend." The petition requested access to Hamdi and the enforcement of his due process rights. | | | Dunham was able to give Hamdi news clippings and briefs from the case, but was not allowed to discuss his treatment or interrogations by the military. | | | The 4th Circuit opinion continued, reasoning that the "Constitution does not specifically contemplate any role for courts in the conduct of war, or in foreign policy generally." In short, the court concluded that the judiciary branch must defer to the president and Congress in matters of military conflicts and accepted the Mobbs declaration as fact. |
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http://docket.medill.northwestern.edu/archives/000797.php
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| | Hamdi v. Rumsfeld (2004) [03-6696] |
| | The district court ruled for Hamdi, telling the government to release him. | | | He argued that the government had violated Hamdi's Fifth Amendment right to Due Process by holding him indefinitely and not giving him access to an attorney or a trial. | | | The government countered that the Executive Branch had the right, during wartime, to declare people who fight against the United States "enemy combatants" and thus restrict their access to the court system. |
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http://www.oyez.org/oyez/resource/case/1723
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| | Hamdi v. Rumsfeld |
| | Hamdi Of violation of the US Code so we decided to hold him in indefinite detention and refuse access of counsel. | | | In the exposition of the facts of the cases, the court casually states: | | | I find it difficult to believe that the Court was unaware of the Lindh precedent. |
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http://www.spectacle.org/0303/winterfield.html
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| | Medill School of Journalism - On the Docket |
| | All persons interested in the business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is in session for its 2005-06 term. | | | U.S.) and the other, Chief Justice John Roberts' first, holding that attorney’s fees should typically not be awarded in cases removed to federal court when there is an objectively reasonable basis for removal (Martin v. | | | The Court also accepted a racketeering case involving the illegal hiring practices of one of the nation's largest rug makers (Mohawk Industries, Inc. v. |
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http://docket.medill.northwestern.edu/?...&-recordID=33230&-search
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| | CNN.com - Supreme Court looks at 'enemy combatants' - Apr 28, 2004 |
| | Lawyers for both men have filed habeas corpus petitions, an established protection against false imprisonment under which the government must either go before a judge and make a case for holding a person, or release him. | | | CNN's Bob Franken on the U.S. Supreme Court's look at whether enemy combatants are protected by the U.S. legal system. | | | The court said authorities could transfer him to civilian custody, where criminal charges could be filed. |
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http://www.cnn.com/2004/LAW/04/27/detainees
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| | Legal Theory Blog |
| | Rumsfeld, 124 S. Ct. 2633 (2004), have confirmed the importance of congressional authorization to the Court's construction of the President's war powers. | | | These are issues raised by preventive detention provisions in bail statutes, and addressed in United States v. | | | This Article seeks to clarify one important aspect of that relationship: the role of international law in determining the scope of Congress's general authorization for the use of force. |
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http://lsolum.blogspot.com/archives/2005_04_01_lsolum_archive.html
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| | CaseDetail: Hamdi v. Rumsfeld |
| | The Court agreed with WLF, for example, that the government can establish its case that Hamdi is an enemy combatant by submitting affidavits (rather than being required to produce live witnesses) and that the burden of proof should be on Hamdi to establish that he is not an enemy combatant. | | | The Court emphasized that in any such proceeding, the courts should accord substantial deference to the military. |
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http://www.wlf.org/Litigating/casedetail.asp?detail=288
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| | Hamdi v. Rumsfeld: Media Distortion |
| | Journalists and jurists, liberals and conservatives, Republicans and Democrats, civil libertarians and law enforcement personnel, all interpreted this opinion to mean that those incarcerated in Guantanamo Bay, and the petitioner, Hamdi, will now have access to United States courts. | | | How this was interpreted to mean that the Gitmo prisoners will be appearing in court soon is not certain. | | | The reportage of the United States Supreme Court’s ruling in Hamdi v. |
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http://www.freerepublic.com/focus/f-news/1167641/posts
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| | YASER ESAM HAMDI v DONALD RUMSFELD - Legal Case Documents |
| | YASER ESAM HAMDI v DONALD RUMSFELD - Legal Case Documents | | | No. 02-7338 _____________________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________ YASER ESAM HAMDI et al., Petitioners-Appellants v. | | | CaseNo: YEHVDR168533, CourtName: MISC 3, Plaintiff: YASER ESAM HAMDI, State: VA Virginia, UniqueCaseRef: LCD>YEHVDR168533, Detention, Government, Hamdi, Enemy Combatant, United States, Indefinite Detention, Authorize, Charges, Parte, American Civil Liberties, War, Amici, Cir, Designation, Civil Liberties Union, Principles, American Citizens, Unlawful Combatants, Constitution, Propriety, Colepaugh, Kahanamoku, Petitioner, Authority, Amici Curiae, Parte Endo, Parte Merryman, ContentID: 120253921 |
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http://www.legalcasedocs.com/120/253/921.html
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| | CFAU.org -- The Hamdi v. Rumsfeld Case |
| | Edith Hakola's Statement on the United States Supreme Court Case, Hamdi v. | | | 09/24/04 - Hamdi release agreement reached with State Department | | | Rumsfeld decision expected shortly -- June 23, 2004 |
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http://www.cfau.org/hamdi
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| | Jenner & Block LLP - Hamdi v. Rumsfeld: U.S. Supreme Court Brief Resource Center |
| | Rumsfeld, No. 03-6696, with many of the documents currently before the Court in this case. | | | As a matter of public service, Jenner & Block has created this online brief resource center for Hamdi v. | | | ABA Brief Warns of Potential Damage to Constitutional Liberties in Hamdi Case |
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http://www.jenner.com/news/news_item.asp?id=12551224
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| | Human Rights First Us Law & Security |
| | Hamdi's father, acting on his son's behalf, filed a petition challenging the legality of Hamdi's prolonged detention. | | | In June 2004, the U.S. Supreme Court ruled 8-1 in Hamdi v. | | | When U.S. authorities realized that Hamdi was a U.S. citizen, born in Louisiana, he was transferred to a U.S. military base in Virginia and then to South Carolina, where he was detained, without charge or trial, and without right to meet with an attorney. |
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http://www.humanrightsfirst.org/us_law/inthecourts/supreme_court_hamdi.htm
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| | Professor Wuerth |
| | Rumsfeld 124 S.Ct. 2633, 2667 (2004) (Scalia, J., dissenting), and her work on international law and authorizations for the use of force became the basis for an amicus brief submitted to U.S. Court of Appeals for the D.C. Circuit in the case of Hamdan v. | | | Her work on the "enemy combatant" cases was cited by Justice Scalia in Hamdi v. | | | She has spoken at the University of Florida Levin College of Law, the Georgetown University Law Center, the University of Houston Law Center, St. Louis University School of Law, and the University of Virginia School of Law, among other schools. |
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http://www.law.uc.edu/faculty/wuerth.html
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| | Journal of Criminal Law and Criminology: Hamdi v. Rumsfeld: judicious balancing at the intersection of the executive's ... |
| | Journal of Criminal Law and Criminology: Hamdi v. | | | Rumsfeld, (1) the United States Supreme Court held that a citizen detained by the Government as an enemy combatant is entitled under due process to a meaningful opportunity to contest the facts underlying his detention before a neutral decision-maker. | | | Rumsfeld: judicious balancing at the intersection of the executive's power to detain and the citizen-detainee's right to due process. |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:135705820&refid=holomed_1
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| | JustWarTheory.com |
| | 'Offshore Detainees and the Role of Courts after Rasul v. | | | "Jihad Vs. McWorld" presents an influential argument contending that both tribalism and globalism threaten democracy and generate terrorism. | | | Abstracts: The first article "sketches a workable and restrained regime for individualized consideration of challenges to detention, building on a structure already taking initial shape in the wake of Rasul and the companion Hamdi case. |
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http://www.justwartheory.com
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| | tBLOG - R7 News |
| | Defense Secretary Donald Rumsfeld, visiting Paraguay on Aug. 16, commented on âevidence that both Cuba and Venezuela have been involved in the situation in Bolivia in unhelpful ways.â | | | I'd be thinking about how to make do with smaller numbers of troops or with further lowering standards for aptitude, age, education and other factors." | | | Rumsfeldâs words on Bolivia are significant, not least because 500 fully equipped U.S. troops arrived July 1 at a military base located in Paraguay, 120 miles from the border with Bolivia, specifically near Santa Cruz. |
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http://r7fel.tblog.com
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