On 21 july 2008, the military commission trial of mr. After congress passed a resolution the authorization for use of military force aumf empowering the president to use all necessary and appropriate force. Abel, connell professor of law, university of california at. The constitution grants citizens held in the united states as an enemy combatant the right to a meaningful opportunity to challenge the factual basis for his detention before an impartial decisionmaker. Supreme court of the united states yaser esam hamdi, et al. The relevant question, then, is whether there is a different. Esam fouad hamdi has filed a petition for a writ of habeas corpus as next friend of his son, yaser esam hamdi, a detainee. Yaser esam hamdi us extraterritorial detainees wiki.
The 20yearold was traveling on his own for the first time, his father says, and because of his lack of experience, he was trapped in afghanistan once that military campaign began. Regarding the tension that often exists between the autonomy that the government asserts is necessary in order to pursue effectively a particular goal and the process that a citizen contends he is due before he is deprived of a constitutional right, the ordinary mechanism that the. Commander charles swiftasserted that military commissions were unlawful from the procedural and substantive legal point of the uniform code of military justice ucmj. But if the law of war cannot be applied to citizens where courts are open, then hamdi s imprisonment without criminal trial is no less unlawful than milligans trial by military tribunal. Cuomo, governor of new york state, in his official capacity. As the supreme court later made clear, that right did not turn on whether or not hamdi was a citizen, for the due process clause applies not just to citizens but to all persons. Donald rumsfeld, justice sandra day oconnor writes for the majority that, we have long since made clear that a state of war is not a blank check for the president when it.
Hamdi and esam fouad hamdi, as next friend of yaser esam hamdi filed. Congress passed a resolution authorizing the president to use all necessary and appropriate force against terrorists or those who harbored terrorists. Commander charles swiftasserted that military commissions were unlawful from the procedural and substantive legal point of the uniform code of military. Judicious balancing at the intersection of the executives power to detain and the citizendetainees right to due process hamdi v. The district court granted hamdis petition, and appointed the federal public defender for the eastern district of virginia, frank dunham, jr. June 26, 2002, and hamdi s father plainly had a significant relationship with his son and had. In 2001, an american citizen named yaser hamdi was detained in afghanistan by the us military. Hamdi s father, on hamdi s behalf, filed a petition for writ of habeas corpus in the federal district court. Petitioners geneva convention claims are enforceable as customary international humanitarian law b. The trial was filed by yaserhamdi after the man accused the federal government and more specifically donald rumsfeld the secretary of defense of the u. Hamdan filed his petition for habeas corpus, claiming that the military commission lacked authority to try him since there was no congressional act that authorized them. Later on at a young age, hamdi went to afghan to seek employment.
After he was transferred to a military prison in virginia, his father filed a petition for a writ of habeas corpus to declare his. Motion to proceed in forma pauperis and petition for a writ of certiorari granted. These rights entitle all american citizens to the due process clause. The significant relationship that gave the court of appeals jurisdiction to hear this nextfriend habeas action required giving effect to the manner in which the nextfriend hamdi s own fatherhas himself sharpened presentation of the issues. As recounted in the earlier appeal regarding hamdi s detention, hamdi v. Hamdi s father petitioned a federal court for hamdi s rights to know the crimes he is accused of, and to receive a fair trial before imprisonment. Because hamdi was an american citizen he felt that. United states court of appeals for the fourth circuit citation. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petitioners v.
Enemy combatants scholarworks university of baltimore. Yaser esam hamdi has been imprisoned because the government believes he participated in the waging of war against the united states. 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. The petition argued that hamdi s fifth and fourteenth amendment rights were violated. The mobbs declaration alleges various details regarding hamdis trip to afghanistan, his affiliation there with a taliban unit during a time when the taliban was battling u. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi respondent. Paulette, norfolk naval brig norfolk, virginia, respondents. Yaser esam hamdi is apparently an american citizen. Jun 25, 2002 we subsequently dismissed the habeas petitions filed by the public defender and peregrim as hamdis next friend.
Source document contributed to documentcloud by vanessa sauter the lawfare institute. On writ of certiorari to the united states court of appeals for the fourth circuit brief of amicus curiae the claremont institute center for constitutional jurisprudence in support of respondents interest of amicus curiae1. Rumsfeld,1 the united states supreme court held that a citizen detained by the government as an enemy combatant is entitled. Yaser esam hamdi born september 26, 1980 is a former american citizen who was captured in afghanistan in 2001. Rumsfeld constitution of united states of america 1789. He was also captured by allied forces in afghanistan, a zone of active military. Both decisions are distinguishable in important ways, and neither provides the support that the government claims. Odah and rasul are being held at the guantanamo bay facility in cuba, and hamdi, possibly a u. In response to these violations of hamdi s legal rights, hamdi s father, filed a legal suit against the department of defense, the government institution imprisoning hamdi led by secretary of defense donald rumsfeld, to see him granted habeas corpus protections. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi v. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for viewing pdf files within. Attorneys presented oral arguments in the case of hamdi v. Hamdi enjoys the full protections of the constitution, and that hamdi s detention in the united states without 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. Rumsfeld case came to the supreme court of the united states where hamdi, a united states citizen was caught in afghanistan during the war after the september 911 attacks.
The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are. Supreme court of the united states claremont institute. Indefinite detention of enemy combatants, habeas corpus, fifth amendment, right to court access, due process questions. Hamdi aslan born 1967, turkish footballer and coach. Whether the petition for habeas corpus was properly dismissed. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petition ers v. Rumsfeld a brief summary of the case with links to the oral argument, briefs, and written opinion. On writ of certiorari to the united states court of appeals for the fourth circuit june 28, 2004 justice scalia, with whom justice stevens joins, dissenting.
Hamdi was born in the united states and later raised in saudi arabia. Stone writes fred korematsus amicus brief, as history repeats. The government justifies imprisonment of hamdi on principles of the law of war and admits that, absent the war, it would have no such authority. Rumsfeld legal information institute cornell university. 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. Rumsfeld, docket number 036696, which focused on the detention of american citizens captured in hostilities overseas and classified an. The following statutory regulations were employed with regard to the hamdi v. He was held in guantanamo bay as an enemy combatant after being accused of fighting for the taliban. The district court found that hamdi s father was a. Supplemental brief of respondents donald rumsfeld, secretary of defense, et al. Neither had a significant relationship with the detainee, hamdi v.
If you do not see its contents the file may be temporarily unavailable at the journal website or you do not have a pdf plugin installed and enabled in your browser. Government detained d for allegedly fighting with the taliban during the afghanistan war. Subsequent to an arrest, the notion of habeas corpus entitles all individuals to the right to a trial in a court of law. Rumsfeld is a case that challenged the arrest and denial of due process to u. The case questions the legality of guantanamo military commissions set up by the bush administration, whether the united states congress has the authority to pass legislation preventing the supreme court from hearing the case of an accused combatant before. Article ii of the united states constitution states that the federal government cannot infringe on a citizens rights, even if the efforts are aimed to preserve and protect the countrys wellbeing. He was named by the bush administration as an illegal enemy combatant, and detained for almost three years without. Rumsfeld case is found in the united states constitution. Esam fouad hamdi, as next friend of yaser esam hamdi, petitionersappellees, v. Rumsfeld syllabus authority to convene military commissions in appropriate circumstances, see, e. Bush3 were generally viewed as among the most significant national security cases in decades. Mar 21, 2017 following is the case brief for hamdi v. We subsequently dismissed the habeas petitions filed by the public defender and peregrim as hamdi s next friend.
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