Citation. 316 F.3d 450 (4th Cir. 2003) U.S.
Brief Fact Summary. American citizen captured in Afghanistan was held as an enemy combatant.
Synopsis of Rule of Law. “Because it is undisputed that Hamdi was capture in a zone of active combat in a foreign theater of conflict, 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.”
Facts. Petitioner Hamdi was captured in Afghanistan shortly after 9/11. Hamdi is an American citizen, and was classified as an “enemy combatant.” After a period of petitions, motions, and counter-motions, Hamdi filed for a writ of habeas corpus. The Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs, issued a response, outlining the Government’s position. The district court found the “Mobbs declaration” insufficient in supporting the Government’s case.
Issue. “[W]hether a declaration by a Special Advisor to the Under Secretary of Defense for Policy setting forth what the government contends were the circumstances of Hamdi’s capture was sufficient by itself to justify his detention.”