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To: rustbucket
I doubt if we agree on this. Hamdi was denied habeas corpus because the Executive Branch said he was an enemy combatant.

Denied habeas corpus. It was not suspended.

Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process."

But since habeas corpus had not been suspended then the comments were made in dicta.

280 posted on 04/16/2015 4:51:36 PM PDT by DoodleDawg
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To: DoodleDawg
But since habeas corpus had not been suspended then the comments were made in dicta.

Others say differently, From Wikipedia (caution, it's Wikipedia) [my bold below]:

The Department of Justice has taken the position in litigation that the Military Commissions Act of 2006 does not amount to a suspension of the writ of habeas corpus. The U.S. Court of Appeals for the D.C. Circuit agreed in a 2-1 decision,[48] on February 20, 2007,[49] which the U.S. Supreme Court initially declined to review. The U.S. Supreme Court then reversed its decision to deny review and took up the case in June 2007. In June 2008, the court ruled 5-4 that the act did suspend habeas and found it unconstitutional.[50]

Except for the fact that the Military Commissions Act of 2006 mentioned above applied to aliens rather than citizens, it was similar to the act under which Hamdi was denied habeas corpus as an enemy combatant by the Executive Branch of government. Here is what the 2006 act said:

Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination." §1005(e)(1), 119 Stat. 2742.

281 posted on 04/16/2015 6:23:31 PM PDT by rustbucket
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