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Context of 'June 11, 2002: Judge Again Rules ‘Enemy Combatant’ Hamdi Can Meet Public Defender'

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Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Judge Robert G. Doumar of the US District Court for the Eastern District of Virginia in Norfolk, rules in favor of “enemy combatant” Yaser Esam Hamdi’s Federal Public Defender (FPD) and orders the government to grant the FPD access to Hamdi “because of fundamental justice provided under the Constitution.” Doumar orders that the meeting take place, unmonitored, on June 1, 2002. The government files a motion for stay pending appeal two days later, which is granted on June 4 by the Court of Appeals for the Fourth Circuit. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/24/2002; Washington Post, 1/9/2003]

Entity Tags: Yaser Esam Hamdi, Robert G. Doumar

Timeline Tags: Torture of US Captives

District Court Judge Robert Doumar determines that a separate habeas petition, filed by “enemy combatant” Yaser Esam Hamdi’s father, Esam Fouad Hamdi, has been properly filed as “next friend.” Judge Doumar appoints the Federal Public Defender (FPD) as counsel for Hamdi’s father, and orders the government to allow the public defender unmonitored access to Hamdi “for the same reasons articulated in the May 29, 2002 Order (see May 29, 2002).” The two petitions by the FPD and Hamdi Sr. are then consolidated into one. The meeting, to take place by June 14, will be “private between Hamdi, the attorney, and the interpreter, without military personnel present, and without any listening or recording devices of any kind being employed in any way.” Two days later, the government files a second motion for stay pending appeal, which is granted on June 14 by the Fourth Court of Appeals. [Order. Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/11/2002 pdf file; Petition for Habeous Corpeous. Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/11/2002 pdf file; Washington Post, 1/9/2003; US District Court of Eastern Virginia, 5/24/2004]

Entity Tags: Robert G. Doumar, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

In a court brief in the detention case of Yaser Esam Hamdi (see December 2001), the Bush Justice Department argues against a judge’s decision that Hamdi, a US citizen, must be allowed representation by a lawyer (see June 11, 2002). Though that right is a fundamental precept of American jurisprudence, the Justice Department argues that to allow Hamdi to have access to a lawyer—indeed, to have any contact with the outside world—would interfere with his interrogation. Moreover, only the president and his officials can decide who is and who is not a terrorist, so the courts have no right to demand access to evidence and Hamdi has no need for a lawyer. “The courts may not second-guess the military’s enemy combatant determination,” the Bush lawyers argue. “Going beyond that determination would require the courts to enter an area in which they have no competence, much less institutional expertise, [and] intrude upon the constitutional prerogative of the commander in chief (and military authorities acting under his control).” The appeals court will rule in favor of the Bush administration’s argument, deny Hamdi access to a lawyer, and instruct the lower courts to be far more deferential to the president’s power as commander in chief in future cases (see July 12, 2002). [UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 6/12/2002 pdf file; Savage, 2007, pp. 152-153]

Entity Tags: Bush administration (43), Yaser Esam Hamdi, US Department of Justice

Timeline Tags: Civil Liberties

The Court of Appeals for the Fourth Circuit reverses a court ruling issued on May 29 (see May 29, 2002) by Judge Robert G. Doumar of the US District Court in Norfolk. The appeal court says that US Federal Public Defender Frank W. Dunham is not related to “enemy combatant” Yaser Esam Hamdi and has never met him, and thus cannot file a petition on his behalf. This does not affect the habeas case of Yaser Esam Hamdi, Hamdi’s father, or an order issued on June 11 (see June 11, 2002) by a district court judge to allow a Federal Public Defender access to the detainee. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/24/2002]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

The Court of Appeals for the Fourth Circuit decides in favor of the government, refusing to uphold a district court’s order (see May 29, 2002) that “enemy combatant” Yaser Esam Hamdi be allowed access to his lawyer. The appeals court argues that the district court ordered access “without adequately considering [its] implications.” It states that it “has long been established that if Hamdi is indeed an ‘enemy combatant’ who was captured during hostilities in Afghanistan, the government’s present detention of him is a lawful one.” In deference to the government, the court states that the “executive is best prepared to exercise the military judgment attending the capture of alleged combatants,” adding that the “political branches are best positioned to comprehend this global war in its full context and it is the president who has been charged to use force against those ‘nations, organizations, or persons he determines’ were responsible for the September 11 terrorist attacks.” The court asserts that the “Constitution’s commitment of the conduct of war to the political branches of American government requires the court’s respect at every step.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/24/2002] The unanimous three-judge ruling is written by Judge Harvey Wilkinson IV, appointed to the bench by President Reagan in 1984 and often touted as a potential Supreme Court nominee by Bush administration officials and supporters. [Savage, 2007, pp. 153]

Entity Tags: Harvey Wilkinson IV, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

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