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Constitutional Law Keyed to Stone
Hamdi v. Rumsfeld
Citation:
542 U.S. 507 (2004)Facts
The Government alleged that Yaser Hamdi, a U.S. citizen, fought with the Taliban. In 2001, the Afghan Northern Alliance captured Hamdi and turned him over to the U.S. The government classified Hamdi as an enemy combatant, and argued that this status allowed them to hold him indefinitely without formal charges or proceedings. Hamdi’s father filed a habeas corpus petition, and asserted that Hamdi was in Afghanistan to do relief work, that he did not receive military training, and that he was trapped in Afghanistan when the military campaign began. The Government responded to the petition, alleging that Hamdi traveled to Afghanistan in the summer of 2001, he affiliated with a Taliban military unit and remained with them after the attacks on 9/11, he received weapons training, his unit surrendered to the Northern Alliance, and he surrendered an assault rifle to them.
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