Word: hamdi
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...After all, that's what it has been allowed to do with people like Yaser Esam Hamdi, an American citizen captured while fighting for the Taliban in Afghanistan (he was eventually deported to Saudi Arabia in exchange for renouncing his citizenship). Al-Marri isn't even a citizen, and he was caught allegedly pursuing terrorism within the U.S. Isn't he exactly the kind of guy that the Administration should be allowed to declare an enemy combatant and hold in a military brig...
...This is not an easy question. Fortunately, two of the three appeals-court judges were clear-headed enough to see a distinction. Hamdi and others captured while actively fighting the U.S. on a foreign battlefield, or shortly after leaving the battlefield, naturally fit under the laws of war and can be held, with minimal rights, by the military so that they do not return to the enemy to fight again. The Bush Administration argued that al-Marri was also an enemy combatant, committed to fighting on behalf of al-Qaeda, but the court didn't see it that...
...Meanwhile, the legal landscape had shifted. In June 2004, the justices had ruled that Yaser Hamdi, also an American citizen and an enemy combatant after capture in Afghanistan, could challenge his detention in court. Padilla's case seemed at least as strong (he was arrested in the U.S.), and while we can't be sure that made the difference, the government decided in November to move Padilla to civilian custody and charge him in federal court...
...another case cited by Lindh's lawyers, Yasser Hamdi, an American citizen also held at Guantanamo, was allowed to renounce his citizenship and move to his native Saudi Arabia in 2004, after three years of being held as an enemy combatant...
...remains to be seen whether the court would make no distinction between imprisoning a suspected terrorist and spying at home. The Bush Administration's legal tactics, given wide berth initially by the courts, have begun running into trouble. In its Hamdi ruling, the Supreme Court also challenged the Administration's policy of depriving suspected terrorists designated enemy combatants of any legal review. The court ordered the government to develop a process that would allow the more than 600 enemy combatants at the U.S. naval base at Guantánamo Bay, Cuba, to challenge their detention...