Help

Help

This man should be tried by the federal court. The Supreme Court of the United States has the highest federal court in the United States. It has final jurisdiction over all other courts in the nation. The congress found a solution to which was the Authorization for Use of Military Force or AUMF. This organization allowed the president to use all necessary and appropriate forces against any nations, organizations, or persons that plans, authorizes, commits, or aided in the September 11, 2001 attack. After this al Qaeda attack the president ordered the Armed Forces to Afghanistan to straighten out al Qaeda and control the Taliban regime. On September 11, 2001 approximately three thousand people were killed in those terrorist attacks.   Yaser Esam Hamdi was born an American citizen in 1980 in Louisiana. He moved with family to Saudi Arabia while he was a child. By 2001 he resided in Afghanistan. He was seized by a military group who opposed the Taliban government and then was turned over to the United States military. After which he was transferred ultimately to Charleston, South Carolina. They want to detain him in the United States jail indefinitely. They however don’t have formal charges but in hopes to make the determination that access to counsel or further process is necessary. Hamdi’s father filed an habeas petition on his behalf alleging that the government was holding his son in violation of the fifth and fourteenth Amendments. He believed that the United States was not abiding by the law that "no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress. “Hamdi objects, nevertheless, that Congress has not authorized the indefinite detention to which he is now subject. The Government responds that "the detention of enemy combatants during World War II was just as 'indefinite' while that war was being fought.” His father stressed that Hamdi went to Afghanistan to do relief work and only two months prior to the...

View Full Essay