Hamdi v. Rumsfeld

Hamdi v. Rumsfeld, Michael Gibbons, September 7, 2015, Issue 1 FACTS: In late 2001 Yaser Esam Hamdi was labeled and detained as an “enemy combatant” for over one year without any legal representation. ISSUE(S): Does Yaser Hamdi have standing as a United States citizen to contest his detention once labeled as an “enemy combatant?” HOLDING: Supreme Court Justice Sandra Day O’Connor believes that The United States Supreme Court has ruled that Yaser Hamdi does have standing to contest his detainment

1. Background a. Hamdi v. Rumsfeld (2004) b. Yaser Esam Hamdi is an American citizen born in Louisiana in 1980. In 2001, Hamdi was captured by the Northern Alliance in Afghanistan and turned over to the United States as an enemy combatant. The United States government detained and interrogated Hamdi in Afghanistan until they moved him to Guantanamo Bay, Cuba. The U.S. government found out that Hamdi was an American citizen and transferred him to a brig in Norfolk, Virginia and then later to a brig

Today, I stand before the members of the court to request you support the opinion of on Hamdi v. Rumsfeld” (U.S. Supreme Court, June 28, 2004); who believes that Congress does not have the authority to detent person found to be an “enemy combatant” of the United States of American for an undetermined amount of time. Hamdi, an American citizen has been label by the United States government as an “enemy combatant” after being captured by the International Security Assistant Forces (ISAF) in Afghanistan

Hamdi et al. v. Rumsfeld Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. could prove the undoing of the Bush administration’s legal defense of the abuses at Guantanamo Bay. In this case, four British citizens are suing Secretary of Defense Donald Rumsfeld as well as a host of Army and Air Force Generals and policy apparatchiks for allegedly authorizing the use of torture in Afghanistan and Guantanamo Bay. The four were captured in Afghanistan, either by Americans or America’s ally

HAMDI V. RUMSFELD Name of case: Hamdi v. Rumsfeld Date decided: June 24, 2004 Summary (facts) of case: Hamdi v. Rumsfeld was case brought to the United States which began in April 28, 2004. Hamdi was born in 1980. Originally residing in Louisiana where he was born, making him a United States citizen, he later moved with his family to Saudi Arabia. At the age of twenty Hamdi traveled for his first time

Guantanamo Bay As Nelson Mandela once said, “To deny people their human rights is to challenge their very humanity.” Guantánamo bay, Cuba is the home of the oldest U.S naval station base out of the continental U.S. The United States invaded Guantánamo bay and established a base during the Spanish-American war (“Guantanamo...” 2008, par. 2). After the attack on the twin towers on September 11, 2001, the base’s mission expanded to include the Detainee Mission of the War of Terror (“Guantanamo…” 2008

Killings & Due Process INTRODUCTION The legal interests of these children are significant. The children, as do other undocumented immigrants, in removal proceedings have the right to a Fifth Amendment protection of procedural due process. Mathews v. Eldridge established a case-by-case due process analysis that may create a right to appointed counsel in a civil proceeding. Therefore, it can be reasonably said that due process maybe adaptable to the children in removal proceedings and calls for such

Introduction A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement

whether any rights were denied or granted in contrast with each other. Anyone engaging in aggressive or hostile behavior towards a country is held to several political and constitutional legalities as explored in the three following cases. Padilla v. Rumsfeld American citizen, Jose Padilla was arrested in Chicago on May 8th, 2002 upon arrival from Pakistan. The FBI claimed that while in Pakistan, Padilla met with Al-Qaeda members and was coming back to the United States to commit acts of terror. As

The 2001 terrorists attacks mark first attack on American soil since Pearl Harbor. Following the attacks, the United States vowed to destroy al-Queda. Soon after, the United States would establish Military Commissions to prosecute suspected terrorists. As the Military Commissions have evolved, legal scholars and critics of military practices have challenged the constitutionality of the Military Commissions since the beginning of the war. Those who participated in the terrorist attacks have been detained