The 2006 military commissions act allowing guantanamo bay detainees violates the habeas corpus rights of prisoners. Esam fouad hamdi has filed a petition for a writ of habeas corpus as next friend of his son, yaser esam hamdi, a detainee. The district court granted hamdi s petition, and appointed the federal public defender for the eastern district of virginia, frank dunham, jr. On writ of certiorari to the united states court of appeals for the fourth circuit brief for petitioners of counsel frank w. By 2001, the parties agree, he resided in afghanistan. Ap gov court cases social science flashcards quizlet. Jose padilla born october 18, 1970, also known as abdullah almuhajir or muhajir abdullah, is a united states citizen convicted of aiding terrorists. In the fall of 2001, yaser hamdi, an american citizen, was detained by the united states military in afghanistan. American civil liberties union 1992, united states v. I leave aside here all questions about the possibility and morality of brainwashing, reconditioning with or without psychotropic drugs, forceful indoctrination, hypnosis, brain surgery, and all other techniques of coercively reorienting a persons beliefs. Learn from donald rumsfeld experts like bob woodward and donald rumsfeld. The judges held that we have long since made clear. Torture, rendition, and other abuses against captives in. Rumsfeldinvolving detainees in the war on terrorism.
Similarly, they noted that the yaser hamdi supreme court case hamdi v. Yaser esam hamdi was born in louisiana as a citizen of the united states in 1980. Department of defense military commission order no. Everyday life is full of challenges that can require basic legal knowledge. Rumsfeld, the case involving an american citizen captured with the taliban in afghanistan. He was accused of fighting for the taliban against the u. Rumsfeld briefs written arguments submitted to the court in this case. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petition ers v. Rumsfeld,1 the united states supreme court held that a citizen detained by the government as an enemy combatant is entitled. Hamdi sought his release from indefinite incarceration in a military prison, but the fourth circuit court of appeals in hamdi v. Yaser esam hamdi and esam fouad hamdi, as next friend of yasser esam hamdi, petitioners v. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petitioners v.
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 naval station brig who was captured as an alleged enemy combatant during ongoing military operations in afghanistan. Upon learning he was an american citizen, he was transferred to a military prison in virginia. Judicious balancing at the intersection of the executives power to detain and the citizendetainees right to due process hamdi v. Rumsfeld us extraterritorial detainees wiki fandom. In its recent judgments in rumsfeld v padilla, hamdi v rumsfeld and rasul v bush, the supreme court. Jul 15, 2008 in support of that detention, the government offered evidence that yaser esam hamdi affiliated with a taliban military unit and received weapons training, took up arms with the taliban, engaged in armed conflict against the united states in afghanistan, and, when captured on the battlefield, surrendered his kalishnikov. Yaser esam hamdi is a us citizen who was born in louisiana and raised in. Government classified him as an enemy combatant the supreme. Jose padilla prisoner us extraterritorial detainees wiki. Findlaws consumer blogs feature the best and latest in legal news, information, tips, trends, and analysis. Bush designated him an enemy combatant and, arguing. Detention and military trial of suspected terrorists. The case powerfully illustrates both the promise and limits of domestic enforcement of international law. Ftrc seminar 2 free download as powerpoint presentation.
Qahtani allegedly tried to enter the united states to take part in the september 11. Rumsfeld legal information institute cornell university. Hamdi s father, esam fouad hamdi, filed a petition for a writ of habeas corpus naming himself as hamdi s next friend, in an attempt to have hamdi s detention declared unconstitutional. Hamdi case still providing little judicial happiness.
In the united states, this deference to executive decision during emergencies has evolved into a legal convention, most recently on display in the u. Yaser esam hamdi, a detainee at the norfolk naval station brig who was captured as an alleged. Esam fouad hamdi, as next friend of yaser esam hamdi, petitioners, v. In their decisions, the court reversed the ruling it had made more than 50 years earlier in johnson v. The dangerous world of indefinite detention 2005 prison. Yaser esam hamdi, jose padilla, and the guantanamo bay detainees, none of which.
In its order of june 11, 2002, the district court concluded that. So it appears that learning the law in a log cabin by candlelight is not really the best way to do it. At guantanamo, mohammed alqahtani was subjected to a regime of 17 aggressive interrogation techniques, known as the first special interrogation plan, authorized in writing by us secretary of defense donald rumsfeld on december 2, 2002, and implemented under the supervision and guidance of secretary rumsfeld and the commander of guantanamo. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi. Apr 28, 2004 hamdis father, esam fouad hamdi, filed a petition for a writ of habeas corpus naming himself as hamdis next friend, in an attempt to have hamdis detention declared unconstitutional.
Pdf international law has long been subjected to the charge that it isnt really law at least not. In addition to public speeches and regular statements to the news media, the war perspective was made especially clear in the position the bush administration took in the 2004 supreme court cases of rasul v. Afghanistan norfolk naval brig guantanamo bay military prison in virginia why. On writ of certiorari to the united states court of appeals for the fourth circuit june 28, 2004 justice oconnor announced the judgment of the court and delivered an opinion, in which the chief. This case arises out of the detention of a man whom the government alleges took up arms with the taliban during this conflict. The supreme court held that even in times of war, the powers of the u. June 28, 2004 justice oconnor announced the judgment of the court and delivered an opinion, in which the chief justice, justice kennedy, and justice breyer join. The district court granted hamdis petition, and appointed the federal public defender for the eastern district of virginia, frank dunham, jr. Rumsfeld a brief summary of the case with links to the oral argument, briefs, and written opinion. Indefinite detention of megaterrorists in the war on terror. The order of the court of appeals denying rehearing pet. Discover the best donald rumsfeld books and audiobooks. We have long since made clear that a state of war is not a blank check when it comes to the rights of the nations citizens, wrote justice sandra day oconnor. Padilla was arrested in chicago on may 8, 2002 on suspicion of plotting a radioactive dirty bomb attack.
S citizen similar case in 2001, hamdi traveled to afghanistan, alone, to supposedly participate in relief work padilla vs. Rumsfeld history and background yaser esam hamdi was born in louisiana, and was a u. Indefinite detention of megaterrorists in the war on. Rumsfeld syllabus was undisputed that hamdi was captured in an active combat zone, no factual inquiry or evidentiary hearing allowing hamdi to be heard or to rebut the governments assertions was necessary or proper. He was detained as a material witness until june 9, 2002, when president george w. Torture, rendition, and other abuses against captives in us. Contemporary supreme court cases landmark decisions since. Protects the rights of citizens held by the government as enemy combatants to challenge their detention before a neutral decisionmaker. Rumsfeld upon which the court relied, required a habeas corpus hearing for any alleged enemy combatant who demands one, claiming not to be such a combatant, which would require additional judicial or military tribunal oversight over each such detention. Doctors without borders the practical guide to humanitarian law. Discover donald rumsfeld books free 30day trial scribd. Supreme court, yaser esam hamdi and esam fouad hamdi v. The petition sought as relief, among other things, that the court order respondents to permit counsel to meet and confer with the sic mr.
Today the federal district judge presiding over the case of the socalled second american taliban, yaser esam hamdi, issued an order requiring the federal government to provide the very same information that the government tried not to provide in the last goround on the matter plus, for. Born an american citizen in louisiana in 1980, hamdi moved with his family to saudi arabia as a child. The judges who heard the case were concerned with how to handle padilla in light of the us supreme courts ruling on yaser esam hamdi, a us citizen who was captured by the military with taliban forces in afghanistan and placed in a navy brig in norfolk. Read donald rumsfeld books like state of denial and when the center held for free with a free 30day trial.
Hamdis lawyers were appealing a ruling by the united states court of appeals for the fourth circuit, in richmond. Rumsfeld is a case that challenged the arrest and denial of due process to u. The hamdi case involved american citizen yaser esam hamdi, who allegedly fought as a member of the taliban and surrendered to the. Given the controversial nature of this decision, which recognized a womans liberty to elect an abortion, it also serves as a portal for examining the points and.
Whether you have questions and family issues, real estate, immigration, or workplace law, findlaws law and daily life blog is here to help. This essay explores these issues through the lens of one of the most important international law cases in the united states in at least the last decade. Hamdi vs rumsfeld notes hamdi vs rumsfeld yaser esam. Gates 1983, immigration and naturalization service v. Supreme court the center for constitutional rights ccr amicus brief challenged the governments position that a united states citizen, detained within the united states, might be denied all the protections of the constitution and geneva conventions if the. Rumsfeld established a number of important legal precedents regarding due process, elucidating the nature of executive power over enemy combatants in an age where the lines of battle had been blurred and us citizens might be found in a legal grey area of cavorting with enemy terrorists against the us. Yaser esam hamdi, jose padilla, and the guantanamo bay detainees, none of. Wade as a departure point makes the book particularly useful in understanding the courts impact upon contemporary american society. He has argued 49 cases before the us supreme court, including mcconnell v.
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