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Who was Hamdi v Rumsfeld?
Did Hamdi become an 'enemy combatant'?
Why did the government dismiss Hamdi?
Did the government have the right to detain Hamdi?
Mar 21, 2017 · Case Summary of Hamdi v. Rumsfeld: Hamdi, a U.S. citizen, was captured in Afghanistan while presumably fighting for the Taliban. The U.S. Government detained him as an “enemy combatant.” Hamdi was indefinitely detained in the U.S. without charges and without access to legal counsel.
Hamdi v. Rumsfeld: U.S. citizens may be designated as enemy combatants, but due process rights still apply to any U.S. citizens in detention. They also have the right to a hearing on enemy combatant status before a neutral tribunal.
Hamdi v. Rumsfeld, 542 U.S. 507, is a U.S. Supreme Court case in which the Court ruled that even people detained as enemy combatants have the constitutional right to challenge their detention before a neutral decision maker.
After the terrorist attacks, the Afgan Northern Alliance captured Hamdi during a battle near Konduz, Afghanistan, and turned him over to the United States military. According to the Northern Alliance, upon his capture they found him with Taliban combat forces and in possession of an AK-47 rifle.
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Hamdi V. Rumsfeld (542 U.S. 507) is a United States Supreme Court case involving Yaser Esam Hamdi, an American born citizen captured in Afghanistan in 2001 by Afghani militants and turned over to U.S. forces during the initial American invasion or Iraq and Afghanistan. He was held by the United States in detention, indefinitely, for the duration of...
The passing of The Civil Rights Act ensured the rights of colored people all around the United States. After its passing, it seemed that acceptance was coming around in a big way for any person of color other than white or religion than Christian. Unfortunately, as soon as we take a step for the better, our national security comes into question. Th...
After his initial capture and interrogation by Afghani soldiers, Hamdi was sent to Guantanamo Bay for the remainder of his detention. This is when his father, Esam Fouad Hamdi, filed a habeus corpus petition in Virginia’s U.S. District Court to challenge his detention. U.S. District Court for the Eastern District of Virginia– 243 F.Supp.2d 527 (E.D...
The issues at hand are very straightforward and compelling to understand. First, was Hamdi legally detained? Secondly, is he truly an enemy combatant? Lastly, is he entitled to due process by law because he is an American Citizen?
In the case, the United States Supreme Court ruled in favor of Yaser Esam Hamdi, in a landslide of 8-1 (3). There was no single opinion of the Court that gained a majority over the others. Justice Antonin Scalia’s dissent was paired up with Justice John Paul Steven. Justice David Souter was paired up with Justice Ruth Bader Ginsburg. Justice Sandra...
O’Connor admits, in the plurality opinion, that under the Authorization for the Use of Military Force (AUMF) the government did have the right to detain Hamdi. However as an American Citizen Hamdi had the right to seek due process of law and contest his classification as an enemy combatant. O’Connor use the Mathew v. Eldridge test to explain, Hamdi...
Scalia does not agree with the plurality that Hamdi’s was legally detained under the Authorization for the Use of Military Force (AUMF). He argues that historically there have been two options when dealing with U.S. Citizens who bear arms against the U.S. First congress can suspend the writ of habeas corpus of secondly they can Hamdi can be tried i...
The Court made a significant decision in Hamdi vs Rumsfeld (2004). Siding with Hamdi, the Court asserted their paramount role in and pledge to guarding personal liberties, even when the country is in times of national exigencies. Since the ruling left some open questions that needed to be answered, Congress and the President decided to fix that voi...
Both sides of the argument had constitutional provisions that benefitted them and backed why their side should win. In regards to Hamdi’s side of the argument, the Suspension Clause and the Due Process Clause are both strong arguments. The Suspension Clause is “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases ...
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an ...
Yaser Hamdi (defendant), a US citizen, was seized by a military alliance in Afghanistan on suspicion of involvement with the Taliban, a group that supported Al-Qaeda. Hamdi was eventually turned over to the US military and taken into custody as an enemy combatant.
