Replies to post #445218 on Zeev's Turnips Talk Politics (ZTTP)

[BullNBear52]

In the fall of 2001, Yaser Hamdi, an American citizen, was arrested by the United States military in Afghanistan. He was accused of fighting for the Taliban against the U.S., declared an "enemy combatant," and transfered to a military prison in Virginia. Frank Dunham, Jr., a defense attorney in Virginia, filed a petition for a writ of certiorari in federal district court there, first on his own and then for Hamdi's father, in an attempt to have Hamdi's detention declared unconstitutional. He argued that the government had violated Hamdi's Fifth Amendment right to Due Process by holding him indefinitely and not giving him access to an attorney or a trial. The government countered that the Executive Branch had the right, during wartime, to declare people who fight against the United States "enemy combatants" and thus restrict their access to the court system.

The district court ruled for Hamdi, telling the government to release him. On appeal, a Fourth Circuit Court of Appeals panel reversed, finding that the separation of powers required federal courts to practice restraint during wartime because "the executive and legislative branches are organized to supervise the conduct of overseas conflict in a way that the judiciary simply is not." The panel therefore found that it should defer to the Executive Branch's "enemy combatant" determination.



http://www.oyez.org/cases/2000-2009/2003/2003_03_6696

[BullNBear52]

Yaser Esam Hamdi, the only other U.S. citizen designated an enemy combatant during the war on terrorism, was released last October and was sent to Saudi Arabia; he also holds Saudi citizenship, but was born in the U.S. He was never charged with a crime by U.S. authorities.


http://www.scotusblog.com/wp/jose-padilla-ordered-released-or-charged/