Summary Of Hamdi V. Rumsfeld

847 Words Oct 7th, 2015 4 Pages
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 in Charleston, South Carolina. The government labeled Hamdi as an enemy combatant and said that justified the holding of Hamdi indefinitely without any formal charges. The injury suffered by Hamdi is that he has been interrogated and being held in prison indefinitely with no formal charge. Along with that, Hamdi had not been granted any of his rights as an American citizen. In June 2002, Esam Fouad Hamdi, Yaser Hamdi’s father filed a petition for a writ of habeas corpus in a federal district court. The district court appointed a public defender to Hamdi and ordered for him to have access to Hamdi, so the government appealed to the U.S. Court of Appeals. The U.S. Court of Appeals sided with the government stating that the district court had failed to respect the government’s security. The case then went back to the district court, where the decision was that the evidence set forth by the government was not enough to detain Hamdi. The district court then reversed its ruling because…
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