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Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz [4] after U.S. Supreme Court rulings in Hamdi v. Rumsfeld [5] and Rasul v. Bush [6] and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an ...
Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S. [1]
On 28 June 2004, the Supreme Court decided against the Government in Rasul v. Bush. [5] Justice John Paul Stevens, writing for a five-justice majority, held that the detainees had a statutory right to petition federal courts for habeas review. [6] That same day, the Supreme Court ruled against the Government in Hamdi v. Rumsfeld. [7]
In the case of Hamdi v. Rumsfeld, Luttig disagreed with the majority opinion of his colleagues on the Fourth Circuit and argued that Yaser Esam Hamdi, an American citizen captured in Afghanistan and held as an enemy combatant, deserved "meaningful judicial review" of his case. [7] The Supreme Court eventually reversed the Fourth Circuit's judgment.
Following the United States Supreme Court's rulings in Rasul v. Bush (2004) and Hamdi v. Rumsfeld (2004), in which it held that foreign detainees and United States citizens had the right of habeas corpus to challenge their detention before an impartial tribunal, the Bush administration developed the process of Combatant Status Review Tribunals ...
In 2004, after three years of detention without trial (at first at Camp X-Ray, until his identity was discovered), the U.S. citizen Yaser Esam Hamdi won a landmark U.S. Supreme Court case, Hamdi v. Rumsfeld, which affirmed the right of U.S. citizens to habeas corpus and trial; he was released from United States custody without charges and was ...