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Search results for Hamdi: 11 matches
2004-10-12 HAMDI GOES BACK TO SAUDI ARABIA
Yaser Esam Hamdi, the US citizen held for nearly three years as an "enemy combatant" before the military decided to release him, returned home to Saudi Arabia yesterday, The Washington Post reports. His release had been delayed for about two weeks after Saudi officials questioned its terms, including travel restrictions on Hamdi, who was never charged with a crime. What broke the impasse was unclear. Sources told the Post that a federal judge had secretly ordered that Hamdi be brought to a hearing today, but canceled the proceeding when he learned Hamdi was in Saudi Arabia.
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2004-10-01 HAMDI DEPORTATION DELAYED.
The New York Times reports that the deportation of former "enemy combatant" Yaser Hamdi, who was supposed to be sent back to Saudi Arabia no later than Thursday, has been delayed because Saudi officials balked at having to "babysit" him when he has not been charged with a crime. Part of the plea agreement, which was made public last week, calls for Saudis to monitor Hamdi and not let him leave the country for five years, although Saudi officials had no part in negotiating the deal. The State Department says the disagreement should be cleared up in a few days.
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2004-09-27 U.S. TO RELEASE HAMDI BY THURSDAY.
American-born Yaser Hamdi will be released from a South Carolina naval brig by Thursday and returned to Saudi Arabia, Reuters reports. According to documents not released publicly until Monday, Hamdi agreed not to travel to the U.S. for 10 years or outside Saudi Arabia for five years. Hamdi - whom officials deemed is no longer a threat to national security after holding him as an enemy combatant for nearly three years - has renounced "terrorism and violent jihad," and must inform Saudi officials if he learns of any planned acts of terrorism.
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2004-09-24 EDITORIAL: HANDLING OF HAMDI CASE DAMAGES GOV\'T CREDIBILITY.
Yaser Esam Hamdi, the American-born Saudi held as an "enemy combatant" for nearly three years, may have been released as part of an acceptable plea agreement this week, but the "unnecessary assault on [his] civil liberties" led by the Bush administration remains unacceptable, says The Washington Post in today's lead editorial. The paper noted the government argued, all the way to the U.S. Supreme Court, that it had the right to deny a U.S. citizen the protections of a civilian justice system, "with no significant judicial review and no opportunity to rebut the facts behind the decision" to hold him, until the high court decided otherwise. Such a tack was "unpardonable" now that it turns out Hamdi was no serious threat after all - and saps any credibility the government may have had to take such measures "in a truly exceptional situation."
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2004-09-23 U.S. TO RELEASE DETAINEE HELD FOR 3 YEARS WITHOUT CHARGE
A Saudi national held for nearly three years at Guantanamo Bay as an "enemy combatant," but who was never charged with a crime, will be flown home by this weekend. The Justice Department refused to discuss the case of Yaser Esam Hamdi except to say he was being released because "he no longer poses a threat," according to The Washington Post. Hamdi was held in solitary confinement after being captured with pro-Taliban fighters in 2001 in Afghanistan.
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2004-06-28 SUPREME COURT ISSUES THREE MAJOR TERRORISM DECISIONS
The Supreme Court today handed down opinions in three cases concerning the Bush administration's handling of the war on terrorism. The Associated Press has this early report on the cases, which largely rejected the administration's arguments.
In Hamdi v. Rumsfeld, only one of the nine justices (Thomas) fully accepted the Bush administration's position that the President has authority to order the indefinite detention of a U.S. citizen captured abroad on the basis of the President's assertion that the detainee is an enemy combatant. There was no opinion of the court, but a four-justice plurality said the detainee, Yaser Esam Hamdi, must at least be given a hearing, while two others would have gone farther and declared his detention improper. Interestingly, perhaps the strongest opinion for Hamdi was by Justice Scalia, who, joined by Justice Stevens, argued that, absent suspension of the writ of habeas corpus, Hamdi must either be charged in federal court or released.
In Rumsfeld v. Padilla, which involves an American citizen captured in the U.S. and held as an enemy combatant, the Court dismissed the case on procedural grounds by a 5-4 vote. The citizen, Jose Padilla, must refile his case against a different defendant.
In Rasul v. Bush, the Court ruled 6-3 that U.S. courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad and held in secret detention in Guantanamo Bay, Cuba. That holding directly repudiates the Bush administration's position.
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2004-04-29 HIGH COURT HEARS ARGUMENT ON MILITARY DETENTION OF U.S. CITIZENS.
The Supreme Court heard arguments Wednesday in the cases of Jose Padilla and Yaser Esam Hamdi, American citizens who are being held indefinitely in secret military detention on the basis of the Bush administration's assertion that they are "enemy combatants." Complete audio of both arguments is available here. Linda Greenhouse of The New York Times reports that a majority of the justices expressed some concern about the administration's position - which, if accepted, would give the President almost unlimited power to detain citizens secretly, indefinitely, and without charges - but that "it was far from clear" by the end of the hearing that the Court would intervene to stop the practice. Charles Lane of The Washington Post and David Savage of the Los Angeles Times also found the Court hard to read. For a more irreverent take, see Dahlia Lithwick of Slate, who points out the remarkable claim of Bush lawyer Paul Clement, during the Hamdi argument, that the military interrogation process itself provides a detainee with adequate due process.
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2004-04-27 EDITORIAL URGES COURT TO FIND \"ENEMY COMBATANT\" DETENTIONS UNCONSTITUTIONAL.
In an editorial today, The New York Times urges the Supreme Court to find unconstitutional the detentions of American citizens Jose Padilla and Yaser Esam Hamdi, whose cases will be heard by the Court tomorrow morning. The Times argues that the government has set a "frighteningly low standard for itself, saying it needs only 'some evidence' that a citizen has 'associated' with a terrorist organization 'bent on hostile acts' to hold him indefinitely." The cases present the issue of whether the President has the authority, as part of his constitutional war-making powers, to order the secret, indefinite detention in military custody of U.S. citizens, without charges, on the basis of an assertion that they are "enemy combatants."
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2004-02-20 SUPREME COURT TAKES PADILLA APPEAL
The U.S. Supreme Court agreed today to hear the case of Jose Padilla, the U.S. citizen who was arrested in Chicago and held indefinitely and, until recently, without access to counsel, as an "enemy combatant." The court is likely to hear argument in late April in Padilla's case as well as that of Yaser Esam Hamdi, the other U.S. citizen known to have been detained as an enemy combatant. Padilla's attorney, Andrew Patel, told the Associated Press, "Because the president said 'I think you're a bad man,' he's been in jail for two years. He hasn't had a chance to defend himself. That's not the way we do things in this country, when we're at war or when we're at peace."
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2004-01-09 SUPREME COURT WILL HEAR "ENEMY COMBATANT" CASE
The U.S. Supreme Court today agreed to decide whether a U.S. citizen detained abroad in the war on terrorism has the usual legal and constitutional rights due U.S. citizens, the Associated Press reports. The high court accepted review of the appeal of Yaser Esam Hamdi, a U.S.-born man who was captured during the fighting in Afghanistan. The Court did not address whether it will consolidate the case with that of alleged enemy combatant Jose Padilla, as Solicitor General Theodore Olsen has urged. The administration has not yet filed its petition for review in the Padilla case.
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2003-12-03 HAMDI WILL BE ALLOWED A LAWYER, PENTAGON SAYS
The Pentagon announced today that Yaser Esam Hamdi, detained as an "enemy combatant" in South Carolina since Nov. 2001, will be allowed access to an attorney, subject to unspecified "appropriate security restrictions." The announcement states that Hamdi will be permitted access to counsel because he is a U.S. citizen, but that the decision is "a matter of discretion and military policy" and "should not be treated as a precedent." It further specifies that even U.S. citizens who are detained as enemy combatants will have access to counsel only subject to various qualifiers, such as a determination by the Defense Department that such access will not compromise national security. The Washington Post reports that Frank Dunham, the public defender seeking to represent Hamdi, will continue to press his Supreme Court challenge to Hamdi's detention.
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