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Hamdi Brief

In: Other Topics

Submitted By Dena1234
Words 436
Pages 2
October 18, 2014
PL 101

Hamdi v. Rumsfeld, 124 S. Ct. 2633

Facts: Plaintiff Hamdi was born in Louisiana, a citizen of the United States. In 1980 he moved with his family to Saudi Arabia. In the summer of 2001 Hamdi traveled to Afghanistan alone to do relief work and approximately two months later, he was arrested by the Northern Alliance. Hamdi was accused of fighting for a Taliban military unit against the United States and classified an enemy combatant. He was detained and questioned in Afghanistan and later, when it was discovered he was a US citizen, he was transferred to Guantanamo Bay.

Issue: (i) Does the AUMF (Authorization for Use of Military Force) give the President the power to hold Hamdi indefinitely without any regard to his Fifth Amendment right to Due Process?; (ii) Does Hamdi have the right to challenge his status of enemy combatant in court?

Holding: (i) No; (ii) Yes

Reasoning: Congress, under the AUMF resolution, is authorized to detain an enemy combatant who is a US citizen, but their due process right gives them the opportunity to be heard before a neutral decision maker in regards to contesting the facts of the detention. AUMF does not suspend habeas corpus. Hamdi is entitled to due process under his Fifth Amendment rights. His seizure is not undisputed because he had not been permitted to speak for himself. The facts were insufficient to support his detention. The court, citing Matthews balance as a means to determine process due, held that a citizen who is detained and seeking to challenge their enemy combatant status must receive notice of the facts for their classification and a fair opportunity to rebut them.

Case History: United States Court of Appeals for the Fourth Circuit ruled in favor Rumsfeld. On a Writ of Certiorari, the Supreme Court vacated and remanded for plaintiff.

Personal Opinion: In as

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