Posted on 06/25/2002 6:17:32 PM PDT by kattracks
RICHMOND, Va., Jun 25, 2002 (AP Online via COMTEX) -- A federal appeals court heard arguments Wednesday concerning the detention of a Louisiana native captured in Afghanistan, with the chief judge sharply questioning lawyers for both sides.
At issue was whether the government should be allowed to continue to detain Yaser Esam Hamdi without letting him meet with his lawyers. There was no indication when the court would rule.
Chief Judge J. Harvie Wilkinson III asked government lawyers when it will be decided that the "end of hostilities" has occurred and detainees can be released.
Deputy Solicitor General Paul Clement acknowledged that determining an end to the war on terrorism may be difficult, "but it's crystal-clear that there are hostilities going on right now."
Of the lawyer representing Hamdi, Wilkinson expressed skepticism that the prisoner's rights have been violated by his detention and interrogation.
"What is the violation of constitutional law when the United States is detaining someone who has taken up arms against America and is captured on the field of battle?" he asked. "Isn't intelligence-gathering necessary to save American lives?"
Geremy Kamens, a federal public defender, replied that detention without trial violates Hamdi's constitutional rights, including the right to due process.
Hamdi, 21, was captured in Afghanistan in November after a prison uprising by Taliban and al-Qaida members. He was held at Guantanamo Bay, Cuba, until it was discovered that he was born in Louisiana to Saudi Arabian parents.
He was moved to the jail at the Norfolk Naval Base in April, where he has been held incommunicado as an enemy combatant.
A federal district judge has twice ordered the government to allow Hamdi to meet privately with his attorneys, and some of Wilkinson's sharpest comments Tuesday were aimed at those decisions.
Wilkinson noted that the judge had appointed counsel for Hamdi and ordered the military to give the public defender's office access to him "without giving the government a chance to be heard."
The session was conducted by teleconference; a bailiff said scheduling difficulties involving the various parties prompted the unusual procedure.
By MICHAEL BUETTNER Associated Press Writer
Copyright 2002 Associated Press, All rights reserved
Hamdi might die of old age first, but he's the one who chose to fight against us outside the normal rules of warfare.
So tough luck.
Too bad the Justice Dept caved on Lindh and failed to charge him with treason. Then they could have told Hamdi, OK, if you're a citizen, you're now facing a treason charge.
The law is well intensioned, but as with all "laws", there are people who must judge each case on its own merit.
In the case of this individual born of Saudi parents, I would suspect that he is no different in his nationalistic orientation than any "well to do" Saudi boy his age and being that he was found in the company of extremists who have vowed to destroy the Western World - starting with the Israel and the US.... You be the judge.
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