The hamdi plurality repeatedly stressed that its decision was limited to a soldier captured on a battlefield in afghanistan where he directly participated in armed combat against u. Supreme court the center for constitutional rights ccr amicus brief challenged the governments position that a united states citizen, detained within the united states, might be denied all the protections of the constitution and geneva conventions if the. Case brief hamdi v rumsfeld hamdi v rumsfeld rehnquist. Esam fouad hamdi has filed a petition for a writ of habeas corpus as next friend of his son, yaser esam hamdi, a detainee. Rumsfeld 2004 summary ten years ago, the supreme court ruled on a case involving enemy combatants, hamdi v. In this elesson, students will explore this landmark case on the rights of the accused. In the fall of 2001, yaser hamdi, an american citizen, was detained by the united states military in afghanistan. The district court found that hamdi s father was a. He was accused of fighting for the taliban against the u. The trial was filed by yaserhamdi after the man accused the federal government and more specifically donald rumsfeld the secretary of defense of the u. The courts conclusion ultimately rests upon a single ground.
In 2001, hamdi was captured by the northern alliance in afghanistan and turned over to the united states as an enemy combatant. On writ of certiorari to the united states court of appeals for the fourth circuit june 28, 2004 justice scalia, with whom justice stevens joins, dissenting. Rumsfeld, the oyez project activity the afghan security team captured yaser hamdi and turned him over to the american military in. Judicious balancing at the intersection of the executives power to detain and the citizendetainees right to due process hamdi v. It does not claim such total liberation here, but argues that it need only produce. Supreme court of the united states claremont institute. Originally residing in louisiana where he was born, making him a united states citizen, he later moved with his family to saudi arabia. Congress issued a resolution authorizing the president to use all necessary force against nations and persons suspected of engaging in terrorist activity against the united states in 2001 as a response to the events of 911. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
Summary ten years ago, the supreme court ruled on a case involving enemy combatants, hamdi v. Both decisions are distinguishable in important ways, and neither provides the support that the government claims. Hamdis father filed a writ of habeas corpus, alleging that hamdis detainment violated the fifth and fourteenth amendments, and demanding that hamdi be appointed counsel and given a. Yaser hamdi, a citizen of united states, was detained by the american military in afghanistan during 2001. Justice oconnor, joined by justice rehnquist, justice kennedy, and justice breyer. District court for the eastern district of virginia. Apr 15, 2014 rumsfeld encountered into this decision again fifty years later as a very different man, when, as secretary of defense, he was named as the defendant in hamdi v. Learn hamdan v rumsfeld with free interactive flashcards. Hamdi enjoys the full protections of the constitution, and that hamdis detention in the united states without charges. Apr 06, 2014 rumsfeld encountered into this decision again fifty years later as a very different man, when, as secretary of defense, he was named as the defendant in hamdi v. The plurality opinion, which went against rumsfeld, restored to detainees the right to due process. Yaser hamdi is an american citizen who has been designated as an enemy combatant by the president after being captured by the northern alliance while allegedly fighting with the taliban in afghanistan.
Congress has not issued the executive a blank check. Hamdis private interest affected by the official action is the most elemental of liberty intereststhe interest in being free from physical detention by ones own government. Choose from different sets of hamdan v rumsfeld flashcards on quizlet. In the supreme court of the united states cato institute. The constitution grants citizens held in the united states as an enemy combatant the right to a meaningful opportunity to challenge the factual basis for his detention before an impartial decisionmaker. Rumsfeld established a number of important legal precedents regarding due process, elucidating the nature of executive power over enemy combatants in an age where the lines of battle had been blurred and us citizens might be found in a legal grey area of cavorting with enemy terrorists against the us. If it had not, as in hamdis case, us citizens needed to be tried in a civilian court, in all circumstances. Government detained d for allegedly fighting with the taliban during the afghanistan war. Rumsfeld, the supreme court ruled on the habeas rights of yaser esam hamdi, an american citizen who had challenged his designation as an enemy combatant. Upon learning he was an american citizen, he was transferred to a military prison in virginia. Most influential court cases quarterfinals6th block hamdi v rumsfeld vs vacco v quill pt2 duration. Rumsfeld the supreme court voted 54 on that the government have the power to declare u. United states court of appeals for the fourth circuit citation.
We have always been careful not to minimize the importance and fundamental nature of the individuals right to liberty,and we will not do so. The indeterminacy surrounding enemy combatants following hamdi v. In an opinion backed by a fourjustice plurality and partly joined by two additional justices, justice sandra day oconnor wrote that although congress authorized hamdis detention, fifth amendment due process guarantees give a citizen held in the united states as an enemy combatant the right to contest that detention before a neutral decisionmaker. Rumsfeld, snowflake by snowflake open source medium. Sep 08, 2011 the foundation rewards leadership and public service at home and supports the growth of free political and free economic systems abroad. The district court granted hamdis petition, and appointed the federal public defender for the eastern district of virginia, frank dunham, jr. Free fulltext pdf articles from hundreds of disciplines, all in one place more questions than answers. Does the constitution permit executive officials to detain an american citizen indefinitely in military custody in the united states, hold him essentially incommunicado and deny him access to counsel, with no. Oct 26, 2017 in boumediene, the court chose a different constitutional path.
Rumsfeld 2004 in 2001, the defendant yaser hamdi was arrested in afghanistan in the midst of the military operations undertaken by the united states in that region. Pdf international law has long been subjected to the charge that it isnt really law. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petitioners v. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi, petition ers v. Rumsfeld is a case that challenged the arrest and denial of due process to u. Hamdan v rumsfeld flashcards and study sets quizlet. The government contends that hamdi is an enemy combatant, and that this status justifies holding him indefinitely. In boumediene, the court chose a different constitutional path. Rumsfeld, the oyez project activity the afghan security team captured yaser hamdi and turned him. Rumsfeld was case brought to the united states which began in april 28, 2004. Rumsfeld yaser esam hamdi, an american citizen, was captured in afghanistan shortly after the terrorist attacks of september 11th. Paulette, norfolk naval brig norfolk, virginia, respondents. We reaffirm today the funda mental nature of a citizens right to be free from involun tary confinement by his own government without due.
From there hamdi was transferred to sheberghan, afghanistan, where he was questioned by a u. Eldridge92, the plurality weighed hamdis private interest in free. Get free access to the complete judgment in hamdi v. That claim leads me to state briefly what i believe the majority sets forth both explicitly and implicitly at greater length. In this case, four british citizens are suing secretary of defense donald rumsfeld as well as a host of army and air. Yaser esam hamdi is an american citizen born in louisiana in 1980.
Hamdis father filed a habeas petition on his behalf under 28 u. Hamdi was accused of assisting the taliban to fight against united states, and therefore was considered as an enemy combatant. Yaser esam hamdi, an american citizen whom the government classified as an enemy combatant for allegedly taking up arms with the taliban during the conflict, was captured in afghanistan and later detained at a naval brig in charleston, s. Rumsfeld,1 the united states supreme court held that a citizen detained by the government as an enemy combatant is entitled. Rumsfeldinvolving detainees in the war on terrorism. Although the suit involved a narrow question about the. Hamdis private interest affected by the official action, ibid. However, the respondents argued that the mobbs declaration that it attached to its response, in and. Apr 28, 2004 hamdis father, esam fouad hamdi, filed a petition for a writ of habeas corpus naming himself as hamdis next friend, in an attempt to have hamdis detention declared unconstitutional. S citizens as enemy combatatants and can detain them as such, but in a 63 decision, hamdi is entitled for the decision to be contested by a neutral arbiter. Combatants international law laws, regulations and rules combatants and noncombatants international law detention detention of persons due process of law habeas corpus.
In an opinion backed by a fourjustice plurality and partly joined by two additional justices, justice sandra day oconnor wrote that although congress authorized hamdi s detention, fifth amendment due process guarantees give a citizen held in the united states as an enemy combatant the right to contest that detention before a neutral decisionmaker. Not long afterwards, bush ordered united states military forces into afghanistan. An audio record of oral arguments from earlier in the day in a case over campaign. Congress passed a resolution authorizing the president to use all necessary and appropriate force against terrorists or those who harbored terrorists. Through our work in four focus areas, we are committed to promoting selfsufficiency and dignity, liberty and leadership.
However, scalia also held that the majoritys recommendation that the department of defense establish independent factfinding commissions was outside the courts power, which ought be restricted t6 ruling on hamdis legal rights, not. Rumsfeld legal information institute cornell university. Hamdi was classified as an enemy combatant by the united states. Yaser esam hamdi and esam fouad hamdi, as next friend of yaser esam hamdi respondent. Although hamdi was a citizen of the united states, he was apprehended while fighting alongside the taliban a faction considered to be an enemy of. As a young child hamdi moved to saudi arabia until traveling to afghanistan in 2001 before the attacks on the united sates on september 11, 2001. After congress passed a resolutionthe authorization for use of military force aumfempowering the president to use all necessary and appropriate. Esam hamdi was born in louisiana in 1980 as an american citizen. Dec 23, 2017 that claim leads me to state briefly what i believe the majority sets forth both explicitly and implicitly at greater length. The 20yearold was traveling on his own for the first time, his father says, and because of his lack of experience, he was trapped in afghanistan once that military campaign began. First, hamdi does not provide the government with the blank check it now claims. For the past two years, he has been held in military brigs, first in virginia and then in south carolina, without charges or trial and, until very recently, without any access. When the writ is suspended, the government is entirely free from judicial oversight. Rumsfeld constitution of united states of america 1789.