04-02-2008, 03:17 PM
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Political Junkie
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Join Date: Feb 2008
Location: Ohio
Posts: 173
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Quote:
Originally Posted by mulp
I don't recall what McCain cited, but how about
Hamdi v. Rumsfeld
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From Findlaw:
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Quote:
YASER ESAM HAMDI and ESAM FOUAD HAMDI, as
next friend of YASER ESAM HAMDI, PETITION-
ERS v. DONALD H. RUMSFELD, SECRETARY
OF DEFENSE, et al.
on writ of certiorari to the united states court of appeals for the fourth circuit
[June 28, 2004]
Justice O'Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Kennedy, and Justice Breyer join.
At this difficult time in our Nation's history, we are called upon to consider the legality of the Government's detention of a United States citizen on United States soil as an "enemy combatant" and to address the process that is constitutionally owed to one who seeks to challenge his classification as such. The United States Court of Appeals for the Fourth Circuit held that petitioner's detention was legally authorized and that he was entitled to no further opportunity to challenge his enemy-combatant label. We now vacate and remand. We hold that although Congress authorized the detention of combatants in the narrow circumstances alleged here, due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker.
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