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Criminal Courts Course Brief

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Submitted By cws89
Words 796
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Hamdan v Rumsfeld
548 U.S. 557 (2006)

Facts: Petitioner, Salim Ahmed Hamdan, following the United States invasion of Afghanistan in 2001, was captured by militia forces and turned over to the United States. Hamdan was recognized as the bodyguard and personal driver for Al-Qaeda leader Osama Bin Laden. Following his capture, Hamdan was sent to Guantanamo Bay detention camp in Cuba in 2002. On November 13, 2001, President George Bush issued a military order intended to govern the overall treatment of Non-Citizens related to the War on Terrorism. In July 2003, the Bush administration deemed Hamdan, alongside 5 other detainees, eligible to be tried in front of a military commission affiliated with this military order. Hamdan and his counsel, Neal Katyal, requested charges and a speedy trial as required by Article 10 of the UCMJ. The Appointing Authority responded by stating that Hamdan was not entitled to any protection by the UCMJ therefore denying these requests. Hamdan, being charged with conspiracy in the United States District Court in the Western District of Washington, argued against the procedural safeguards he was guaranteed under UCMJ and the Geneva Conventions. Hamdan filed for a writ of habeas corpus and was granted so by the United States District Court for the District of Columbia. As proceedings before military commission commenced, the Combatant Status Review Tribunal, held Hamdan for the time being as an “enemy combatant”, after review in compliance with a military order that had been issued July 7, 2004. The United States District Court for the District Court of Columbia agreed with Hamdan’s allegations that the military commission created to try him, was indeed in violations of the Geneva Conventions and the UCMJ. The Court of Appeals for the District Court of Columbia reversed the actions and stated that a trial before military commission

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