Zeev's Turnips Talk Politics (ZTTP)

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OPINION
WILKINSON, Chief Judge, and WILKINS and TRAXLER, Circuit
Judges:
Yaser Esam Hamdi filed a petition under 28 U.S.C. § 2241 challenging
the lawfulness of his confinement in the Norfolk Naval Brig.1
On this third and latest appeal, the United States challenges the district
court’s order requiring the production of various materials
regarding Hamdi’s status as an alleged enemy combatant. The district
court certified for appeal the question of whether a declaration by a
Special Advisor to the Under Secretary of Defense for Policy setting
forth what the government contends were the circumstances of
Hamdi’s capture was sufficient by itself to justify his detention.
Because it is undisputed that Hamdi was captured in a zone of active
combat in a foreign theater of conflict, we hold that the submitted
declaration is a sufficient basis upon which to conclude that the Commander
in Chief has constitutionally detained Hamdi pursuant to the
war powers entrusted to him by the United States Constitution. No
further factual inquiry is necessary or proper, and we remand the case
with directions to dismiss the petition.
I.
As recounted in earlier appeals regarding Hamdi’s detention,
Hamdi v. Rumsfeld, 294 F.3d 598 (4th Cir. 2002) ("Hamdi I"), and
Hamdi v. Rumsfeld, 296 F.3d 278 (4th Cir. 2002) ("Hamdi II"), the
1The court

http://pacer.ca4.uscourts.gov/opinion.pdf/027338.P.pdf