In the Courts
Yaser Hamdi, U.S. Citizen
Afghani forces turned Yaser Hamdi over to the U.S. military
in Afghanistan during the war in Afghanistan in late 2001. The U.S. military
initially transferred Hamdi to the U.S. Naval Base at Guantanamo Bay, Cuba. When
U.S. authorities realized that Hamdi was a U.S. citizen, born in Louisiana, he
was transferred to a U.S. military base in Virginia and then to South Carolina,
where he was detained, without charge or trial, and without right to meet with
an attorney. Hamdi's father, acting on his son's behalf, filed a petition challenging
the legality of Hamdi's prolonged detention. The Bush Administration had asserted
that any interference by the courts would hamper the President’s ability
to wage war. In June 2004, the U.S. Supreme Court ruled 8-1 in Hamdi v. Rumsfeld
that a U.S. citizen captured in Afghanistan and labeled an “enemy combatant” could
not be held indefinitely at a U.S. military prison without the assistance of
a lawyer, and without an opportunity to contest the allegations against him before
a neutral arbiter. Hamdi was released on October 11, 2004 and deported to Saudi
Arabia without being charged. He agreed to renounce his American citizenship
and observe strict travel restrictions, including obtaining permission to leave
Saudi Arabia.
More Background
Release Agreement:
Decisions and opinions in the Hamdi Case:
Supreme Court
Decision:
Oral Arguments:
Merits Stage:
Amicus Briefs in Support of Hamdi:
Amicus Briefs in Support of of the Government:
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