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Civil Procedure Keyed to Subrin
Hamdi v. Rumsfeld
Citation:542 U.S. 507 (2004)
In 2001, in response to 9/11, Congress passed the Authorization for Use of Military Force (AUMF), authorizing the President to use all appropriate and necessary force against persons suspected of engaging in terrorist activity against the United States. Yaser, a U.S. citizen, was seized in Afghanistan on suspicion that he was actively working with the Taliban regime. The U.S. interrogated Yaser in Afghanistan before transferring him to the Guantanamo Bay. After the authorities learned that he was an American citizen, he was transferred Virginia and then South Carolina. The Government contended that because Hamdi was an “enemy combatant” it could hold him indefinitely in the United States without formal charges or proceedings until it determined that access to counsel or further process was warranted. Yaser’s father filed a writ of habeas corpus, alleging that Yaser’s detainment violated the Fifth and Fourteenth Amendments, and demanding that Yaser be appointed counsel and given a fair hearing. The government filed a motion to dismiss, which included an outline of the evidence against Yaser, called the Mobbs Report. The district court found that the Mobbs Report did not contain enough evidence to hold Yaser without trial. The Fourth Circuit reversed, holding that the United States acted constitutionally in detaining Yaser, and Yaser petitioned for certiorari to the U.S. Supreme Court. The U.S. Supreme Court granted certiorari.
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