Court Says American Citizens Can Be Held as
“Enemy Combatants”
Read LCHR Analysis of 4th
Circuit Decision
Decision Abdicates Judicial Role as Check on Administrative
Power
NEW YORK - The government can hold U.S. citizens as enemy combatants
during war time without the constitutional protections guaranteed
to Americans in criminal prosecutions according to a 4th U.S. Circuit
Court of Appeals ruling released today.
The ruling overturned a lower court ruling regarding the status
of 22-year-old Yasser Hamdi, a Louisiana-born man who was captured
on the battlefield in Afghanistan last year.
“The decision is a shocking abdication of responsibility
by the court,” said Elisa Massimino, director of the Washington,
D.C. office of the Lawyers Committee for Human Rights. “The
court has adopted a ‘we’ll-look-the-other-way’
posture in this case which leaves unfulfilled its duty to act as
a check on administrative power.”
“The court has said, in effect, that the facts in this case
do not concern it,” added Massimino. “While it purports
to limit its ruling to people picked up on the battlefield, the
court's refusal to examine the facts underlying the government's
assertions essentially gives the administration carte blanche to
detain whomever it pleases, without the threat of judicial review."
Hamdi’s case has long been seen as one of a handful of early
cases that will determine how the administration is able to wage
its so-called “war on terrorism.” If Hamdi is allowed
to be held indefinitely without charge - or access to a lawyer -
the Lawyers Committee is concerned that others will be treated similarly.
“The court seems to be saying that it has no role whatsoever
in overseeing the administration’s conduct of the war on terrorism,”
said Massimino. “This is particularly disturbing in the context
of a potentially open-ended, as yet undeclared war, whose beginning
and end is left solely to the President’s discretion.”
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