The U.S. Court of Appeals for the Fourth Circuit dismissed Yaser Hamdi’s habeas corpus petition. The Court found that the government adequately demonstrated that Hamdi is an enemy combatant. “Because it is undisputed that Hamdi was captured in a zone of active combat in a foreign theater of conflict, we hold that the submitted declaration is a sufficient basis upon which to conclude that the Commander in Chief has constitutionally detained Hamdi pursuant to the war powers entrusted to him by the United States Constitution.”
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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