Essay about Hamdi VS Rumsfeld

1152 WordsNov 17, 20135 Pages
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 to Afghanistan where he was working. Hamdi was later caught by the Afghan group "Northern Alliance" and was handed to the U.S. Hamdi was sent to Guantanamo Bay in Cuba because the United States thought that Yaser Esam Hamdi was…show more content…
Justice Sandra Day O'Connor wrote the majority opinion along with justices Stephen Breyer , Anthony Kennedy and chief justice William Rehnquist wrote that they understood that enemy combatants should be detained at all costs because of the (AUFM) Authorization For Use Of Military Force that was passed after the incidents that took place in September 11. This allows for the president to use all the power that he is authorized to use to punish those that took part in the September 11 event. Being born in the United States allowed Yaser to have his natural rights. Due process allows for Hamdi to go against his charge of being an enemy combatant. Justice O'Connor also wrote that " Unquestionably has the right to a fair trial in connections to the proceedings in remand". Concurrence: Justice David Souter and justice Ruth Bader Ginsburg both agreed with the majorities opinion that he should be allowed to the Due Process protection so he can fight his charges. Justice Antonio Scalia and justice John Paul Stevens also completely went against the executive power of detention. That if congress were to trial Yaser it should be under the normal criminal law. Dissent: The only justice that disagreed with the majority opinion was justice Clarence Thomas. He believed that Yaser was a combatant and that the executive powers should be the one
Open Document