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Topic: Yaser Hamdi

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	Yaser Hamdi - SourceWatch
		Yaser Esam Hamdi, an "alleged Taliban member captured in Afghanistan"--and "alleged war on terrorism suspect"--was "born in Louisiana.
		Hamdi, like Jose Padilla, was held "without bail, criminal charges, access to attorneys or the right to remain silent." The Department of Justice designated Hamdi as an enemy combatant.
		Hamdi's case is explained step-by-step by Michael C. Dorf in his April 21, 2002, "Who Decides Whether Yaser Hamdi, or Any Other Citizen, is an Enemy Combatant?" published in FindLaw's Writ.
	www.sourcewatch.org /index.php?title=Yaser_Hamdi (467 words)

	Boston.com / News / Boston Globe / Opinion / Editorials / Yaser Hamdi's rights
		Hamdi, born to Saudi parents in Louisiana and thus a US citizen, was picked up during the war in Afghanistan in late 2001 by members of the US-allied Northern Alliance.
		The US Court of Appeals for the Fourth Circuit had justified denying Hamdi a lawyer to fight his confinement on the grounds that the Pentagon declaration was "undisputed." In overturning that ruling, the Supreme Court noted acidly that Hamdi's lawyer had never had a chance to dispute the declaration.
		Hamdi is understandably eager to be released and allowed to go home, but it is regrettable that there will be no court hearing to reveal the information that the government relied on to hold him for so long as such a security threat.
	www.boston.com /news/globe/editorial_opinion/editorials/articles/2004/09/24/yaser_hamdis_rights (548 words)

	CNN.com - Hamdi voices innocence, joy about reunion - Oct 14, 2004
		Hamdi had been detained since his capture by the U.S.-allied Northern Alliance in Afghanistan in December 2001 when he became the central figure in a landmark terrorism case before the Supreme Court earlier this year which dealt a setback to the Bush administration's legal approach to the war on terror.
		Hamdi was captured in Afghanistan in December 2001, turned over to U.S. forces by the Northern Alliance and transferred to Guantanamo Bay, Cuba, a month later.
		Hamdi was supposed to be released by September 30, but the departure was delayed while U.S. and Saudi officials discussed the agreement.
	www.cnn.com /2004/WORLD/meast/10/14/hamdi (1042 words)

	Yaser Esam Hamdi
		Yaser Esam Hamdi, detained at Guantanamo in January 2002, is discovered to be a US citizen and thereupon transferred to the Navy brig in Norfolk, Virginia.
		Yaser Esam Hamdi is moved from the Navy brig in Norfolk to the one in Charleston.
		The government files a response in the District Court for the Eastern District of Virginia to the petition for a writ of habeas corpus for Yaser Hamdi (see July 18, 2002) and motions for the petition to be dismissed.
	www.cooperativeresearch.org /entity.jsp?entity=yaser_esam_hamdi (1929 words)

	USATODAY.com - Lawyers working toward getting Hamdi released (Site not responding. Last check: 2007-09-10)
		Yaser Hamdi's lawyer and the Justice Department notified a federal judge Wednesday that they are negotiating a "mutually acceptable resolution" of the case.
		Hamdi's lawyer, Frank Dunham, and a U.S. government official who declined to be identified because of the sensitivity of the negotiations said Wednesday that an agreement could be imminent that could allow Hamdi to return to Saudi Arabia, the country where he grew up.
		Hamdi, who was born in Louisiana in 1980, became a cause célèbre among civil libertarians who have criticized the Bush administration's legal tactics in its war on terrorism.
	www.usatoday.com /news/washington/2004-08-11-hamdi_x.htm?csp=36 (632 words)

	Hamdi v. Rumsfeld (4th Cir. 2002)
		Esam Fouad Hamdi has filed a petition for a writ of habeas corpus as next friend of his son, Yaser Esam Hamdi, a detainee at the Norfolk [**2] Naval Station Brig who was captured as an alleged enemy combatant during ongoing military operations in Afghanistan.
		Hamdi was initially transferred to Camp X-Ray at the Naval Base in Guantanamo Bay, Cuba.
		Believing that Hamdi's detention is necessary for intelligence gathering efforts, the United States has determined that Hamdi should continue to be detained as an enemy combatant in accordance with the laws and customs of war.
	faculty.maxwell.syr.edu /tmkeck/Cases/HamdivRumsfeld2002.htm (1917 words)

	Hamdi wasn't so bad after all - By Dahlia Lithwick - Slate Magazine
		So the Bush administration's decision to release Hamdi is stunning, given that only months ago he was so dangerous that the government insisted in front of the U.S. Supreme Court and the world that he could reasonably be locked up for all time, without a trial or criminal charges.
		Hamdi was just 20 when he was captured on the battlefield in Afghanistan, and despite several alleged battlefield screenings, it took the government a while to determine that he had been born in the United States and lived here for a few years, before his family returned to Saudi Arabia.
		Hamdi's case, decided by the Supreme Court earlier this year, was supposed to represent a high-water mark for American freedoms during wartime.
	www.slate.com /id/2107114 (844 words)

	Hamdi v. Rumsfeld
		Hamdi argues that he is owed a meaningful and timely hearing and that "extra-judicial 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.
		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 presumably is such a detainee, since according to the Government's own account, he was taken bearing arms on the Taliban side of a field of battle in Afghanistan.
	www.wadsworth.com /criminaljustice_d/special_features/ext/supreme_court_updates/supreme_court_cases_2004-2005/hamdi_rumsfeld.html (12144 words)

	AlterNet: Rights and Liberties: Hamdi: The High Cost of Freedom
		Hamdi, a Louisiana native, was captured in Afghanistan in Novermber 2001.
		The court ruled that the government did have the authority to arrest and detain Hamdi after his capture, but that his continued detention was invalid for constitutional or statutory reasons and that he had the right to challenge his detention in U.S. courts.
		In late August the government announced that Hamdi's release was imminent and that it was negotiating the details with his attorneys, including the revokation of citizenship and the ban on suing the government.
	www.alternet.org /rights/19899 (1120 words)

	Padilla, Hamdi, and Rasul: Charge Them or Release Them
		The Hamdi and Guantanamo cases, then, were different from the Padilla case in one critical aspect: Hamdi and Guantanamo involved presumptive prisoners of war taken captive on the battlefield during a real war — that is, a war between the nation-state of the United States and the nation-state of Afghanistan.
		In ruling that Hamdi and the Guantanamo detainees are entitled to habeas corpus relief, the Court was essentially saying that prisoners taken into custody on the battlefield during wartime might in fact be innocent people rather than combatants for the other side.
		One major problem in the Hamdi and Rasul cases was that the U.S. government failed to release its prisoners of war at the end of the Afghan War, as required by the Geneva Convention and the laws of war.
	www.fff.org /comment/com0407d.asp (2327 words)

	CNN.com - Saudi once held by U.S. returns home - Oct 11, 2004
		Hamdi was the first detainee whom the Bush administration designated as an enemy combatant as it sought more restrictive treatment of terrorist suspects in the wake of the September 11, 2001, attacks on the United States.
		A Saudi national born in the United States, Hamdi became the central figure in a landmark terrorism case that went before the U.S. Supreme Court earlier this year and dealt a setback to the administration's legal approach to the war on terror.
		The U.S. government maintained that at his capture Hamdi had a Kalashnikov assault rifle and was traveling with a military unit of the Taliban, the deposed regime that gave al Qaeda safe harbor in Afghanistan.
	www.cnn.com /2004/WORLD/meast/10/11/hamdi/index.html (824 words)

	Citizenship Yaser Hamdi
		Yaser Esam Hamdi was seized as an enemy combatant and taken into control of the United States military in Afghanistan, after the Taliban unit he was with surrendered.
		Hamdi was transported by the United States military from Afghanistan to the Naval Base at Guantanamo Bay, Cuba.
		Upon discovery of records indicating Hamdi was born in Louisiana, he was deemed a citizen of the United States by virtue of said birth, and transferred to the Naval Brig in Norfolk, Virginia, where he is currently detained.
	www.fileus.org /dept/citizenship/hamdi/index.html (352 words)

	HamdiPage.html (Site not responding. Last check: 2007-09-10)
		Yaser Hamdi was among hundreds of men captured in Afghanistan after the heinous 9/11 attacks, taken into U.S. custody, and sent to Guatanamo Naval Base in Cuba in December 2001.
		When U.S. authorities realized that Hamdi was a U.S. citizen born in Louisiana, they transferred him to a military base in Virginia and later to one in South Carolina.
		In October 2004, Yaser Hamdi, upon renouncing his U.S. citizenship, was released to Saudi Arabia with conditions of restricted travel.
	www.firstamend.org /HamdiPage.html (177 words)

	Freeing Mr. Hamdi (washingtonpost.com)
		Hamdi, even accepting the worst of the government's allegations against him, was nothing more than a Taliban foot soldier, neither a major national security threat nor a likely intelligence asset of ongoing consequence.
		Hamdi's unimportance -- is the unnecessary assault on civil liberties that the administration led in his case.
		Hamdi to meet with his lawyer in a timely fashion and not acted so aggressively to prevent him from presenting his own account of his behavior, it might have had credibility to reserve the right to act otherwise in a truly exceptional situation.
	www.washingtonpost.com /wp-dyn/articles/A45796-2004Sep23.html (562 words)

	Montana State Bar Association (Site not responding. Last check: 2007-09-10)
		In Hamdi III, a panel of the Fourth Circuit held that the Mobbs declaration by itself was sufficient to justify the detention of Hamdi without allowing him access to counsel or to even appear in court.
		It held that Congress had authorized the detention of Hamdi both by authorizing the use of force in Public Law 107-40 on September 18, 2001, and by the enactment of 10 U.S.C. § 956(5) authorizing the expenditure of funds for persons detained pursuant to presidential proclamation “similar” to prisoners of war.
		Yaser Hamdi’s case is now on appeal to the United States Supreme Court, the Court having granted certiorari on January 9, 2004, to hear three questions:
	www.montanabar.org /montanalawyer/april2004/singularity.html (7276 words)

	Hamdi, Yaser v. Rumsfeld, Donald , Defense Secy. - Medill - 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.
		Hamdi told the Court that the 4th Circuit opinion "works a radical change between the three branches of government," and conflicts with Supreme Court decisions "protecting the right of detainees to court access" as well as decisions authorizing judicial review of military activity during wartime.
		Yaser Hamdi remained without access to counsel until Feb. 3, 2004, when the U.S. government granted Dunham a two-hour visit with his client at the Naval Weapons Station Charleston in Goose Creek, S.C. The meeting was arranged when military officials claimed they were done interrogating Hamdi, yet would hold him indefinitely as an enemy combatant.
	docket.medill.northwestern.edu /archives/000797.php (1131 words)

	portland imc - 2004.10.11 - "Most Dangerous Terrorist" Yaser Hamdi Released without Charges
		Hamdi will be not be charged with any crime under an agreement negotiated by his lawyer and the Justice Department.
		Hamdi was born in Louisiana in 1980 to Saudi parents and raised in Saudi Arabia.
		Hamdi was originally set to be flown to Saudi Arabia on Sept. 26.
	portland.indymedia.org /en/2004/10/299522.shtml (777 words)

	HAMDI V. RUMSFELD
		According to Yaser Hamdi’s petition for writ of habeas corpus, brought on his behalf by his father, the Government of the United States is detaining him, an American citizen on American soil, with the explanation that he was seized on the field of battle in Afghanistan, having been on the enemy side.
		The Government’s first response to Hamdi’s claim that holding him violates §4001(a), prohibiting detention of citizens “except pursuant to an Act of Congress,” is that the statute does not even apply to military wartime detentions, being beyond the sphere of domestic criminal law.
		Because I find Hamdi’s detention forbidden by §4001(a) and unauthorized by the Force Resolution, I would not reach any questions of what process he may be due in litigating disputed issues in a proceeding under the habeas statute or prior to the habeas enquiry itself.
	straylight.law.cornell.edu /supct/html/03-6696.ZX.html (3795 words)

	USA: Appealing for justice: Supreme Court hears arguments against the detention of Yaser Esam Hamdi and José Padilla
		Yaser Hamdi was taken into custody during the war in Afghanistan and transferred to the USA, via Guantánamo, in April 2002.
		As Yaser Hamdi was detained during the war in Afghanistan, reportedly after surrendering to the Northern Alliance forces in late 2001, he was entitled to the protections of the Geneva Conventions while being held in the context of that conflict.
		Yaser Hamdi was only given access to his lawyer "subject to appropriate security restrictions" after two years of incommunicado detention.
	www.amnestyusa.org /regions/americas/document.do?id=CD144801F480D1CA80256E9000421D34 (4701 words)

	Hellblazer: Yaser Hamdi, US Citizen
		Via Froomkin, we find that being a natural born citizen is apparently not sufficient constitutional protection for the US government to strip you of your citizenship and deport you.
		You report that as a condition for releasing Yaser E. Hamdi, who was held without charges and in solitary confinement for about three years, the United States required that he “renounce his American citizenship.” The United States government has no authority to compel such a renunciation, and Mr.
		Hamdi’s proclamation that he is no longer an American is legally meaningless.
	www.hellblazer.com /archives/2004/10/yassir_hamdi_us.html (289 words)

	Fed-Soc.org - Hamdi Decision (Site not responding. Last check: 2007-09-10)
		In a significant victory for the Bush Administration's prosecution of the War on Terrorism abroad, the Fourth Circuit Court of Appeals on January 8 dismissed the habeas corpus petition of Yaser Hamdi, an apparent American citizen who had been captured among Taliban forces in Afghanistan and is detained at a military prison in Virginia.
		Thus, it was irrelevant what Hamdi had been doing in the zone of combat, whether he was a lawful or unlawful combatant, whether he was an American citizen, and where he was being detained.
		The Fourth Circuit's refrain was that, by limiting judicial inquiry to the existence of this predicate, it was exercising a deference mandated by the hazards of and obstacles to probing battlefield incidents and by the critical, constitutional powers of the President and Congress to vindicate the collective right of self-defense.
	www.fed-soc.org /Publications/Terrorism/hamdidec.htm (186 words)

	Terror Watch: Hamdi to be Released ‘Soon’ - Newsweek National News - MSNBC.com (Site not responding. Last check: 2007-09-10)
		Hamdi is also supposed to keep Saudi authorities notified of his whereabouts—a requirement that even government officials say will do little, if anything, to restrict his movements in the country.
		Hamdi has never been permitted to speak publicly, and Dunham, his lawyer, was not allowed to argue in court about the particulars of Hamdi's odyssey that took him to Afghanistan.
		Hamdi was born in Louisiana while his father was working there for an oil company; his family returned to Saudi Arabia when he was 3 years old and he grew up in that country.
	www.msnbc.msn.com /id/6012286/site/newsweek (1323 words)

	Hamdi v. Rumsfeld
		United States citizen Yaser Esam Hamdi was fighting for the Taliban in Afghanistan in 2001 when he was captured by the U.S. military.
		Hamdi has been detained since his capture without access to an attorney, and is currently located at a naval base in Norfolk, Virginia.
		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.
	www.law.duke.edu /publiclaw/supremecourtonline/certGrants/2003/hamvrum.html (237 words)

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