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Supreme Court to Hear US-Born Taliban Case

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  • ummyakoub
    DETAINEE S CASE GOES TO SUPREME COURT Gina Holland, Associated Press, 10/1/03 http://www.kansascity.com/mld/kansascity/news/breaking_news/6908853.ht m
    Message 1 of 1 , Oct 3, 2003
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      DETAINEE'S CASE GOES TO SUPREME COURT
      Gina Holland, Associated Press, 10/1/03
      http://www.kansascity.com/mld/kansascity/news/breaking_news/6908853.ht
      m

      WASHINGTON - The Supreme Court was asked Wednesday to consider if the
      government has unconstitutionally imprisoned an American-born man
      captured during the fighting in Afghanistan.

      Yaser Esam Hamdi is being held in a naval brig in South Carolina,
      without access to attorneys and without charges being filed against
      him.

      "The man's been locked up for two years," said Frank W. Dunham Jr., a
      federal public defender who filed the appeal on his behalf. "He wants
      an opportunity to be heard in court. It goes right to the heart of
      our liberties."

      The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in
      January that the government has wide latitude to detain people caught
      fighting against the United States on foreign soil during wartime,
      without giving them traditional legal rights.

      Dunham told justices in a filing that the appeals court not
      only "embraced an unchecked executive power to indefinitely detain
      American citizens suspected of being affiliated with enemies, but it
      also abandoned procedural safeguards designed to promote truth and
      fairness."

      The Bush administration has maintained the detention is
      constitutional and important for national security. The
      administration has about a month to file a response in Hamdi's case.

      So far, the Supreme Court has refused to hear any cases stemming from
      the terrorist attacks and the government's war on terror...

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