Yaser Hamdi

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Yaser Esam Hamdi, an "alleged Taliban member captured in Afghanistan"--and "alleged war on terrorism suspect"--was "born in Louisiana. Under Section One of the Fourteenth Amendment, he is therefore a citizen of the United States, even though he spent most of his life outside this country. [1] [2]

"After being captured during the Afghanistan conflict, Hamdi was initially held" at Guantanamo Camp Xray, "the Naval Base in Guantanamo Bay, Cuba. But when his American citizenship came to light, the government transported him from there to the brig at the Norfolk Naval Station." [3]

Hamdi, like Jose Padilla, was held "without bail, criminal charges, access to attorneys or the right to remain silent." The Department of Justice designated Hamdi as an enemy combatant. [4]

Hamdi's case is explained step-by-step by Michael C. Dorf in his April 21, 2002, "Who Decides Whether Yaser Hamdi, or Any Other Citizen, is an Enemy Combatant?" published in FindLaw's Writ.

SourceWatch Resources

External links

  • Nat Hentoff, "George W. Bush's Constitution. 'Does It Take a Lifetime to Question a Man?'," Village Voice, January 3, 2003.
  • "Ruling: Citizens Can Be Enemy Combatant," Ohio Indymedia, January 8, 2003.
  • "Al Qaeda suspect declared 'enemy combatant," CNN, June 24, 2003: "It was the second time since the September 11, 2001, terrorist attacks that Bush has transferred a defendant from the criminal justice system to more restrictive military custody, where he is afforded fewer rights."
  • Bill Vann, "Secret arrests and detentions. Bush invokes enemy combatant rule against defendants," wsws.org, June 25, 2003: "In the wake of a federal appeals court ruling earlier this month affirming the US government's right to conduct secret arrests, the Bush administration has announced a series of measures that significantly escalate the police-state powers it has assumed in the name of a 'war on terrorism'. ... The designation ... as an enemy combatant denies ... the right to a trial, placing [one] in legal limbo, without the right to a lawyer or the right to answer charges and evidence brought against [one]. ... subject to indefinite detention in a military brig, with the possibility of being brought before a military court at any time. Such a drumhead proceeding could result in a death sentence, with no right of appeal."
  • Gale Appleson, "US enemy combatant legal challenge unfolds Monday," AlterNet, November 13, 2003.
  • "'Enemy Combatants' in Court," New York Times Op-Ed, April 26, 2004: "The Supreme Court hears arguments this week in two cases involving Americans who are being held indefinitely, without the right to see a lawyer, simply because they have been designated 'enemy combatants.' The Bush administration, ignoring basic constitutional principles, argues that because the detentions are military decisions made in wartime the courts have no authority to second-guess them. These are historic cases that could shape the post-9/11 legal landscape for years to come. The Supreme Court should send a strong message that even during a war on terrorism, the government cannot strip citizens of their most basic rights."
  • Dave Lindorff, "Black Helicopters? The GOP's Police State," CounterPunch, May 21/22, 2005.