[Looking for Diogenes]

This is what Hamdi's habeas corpus right is IMO: to have a court decide "if Hamdi is indeed an "enemy combatant"", with deference to the other branches, but to fact and logic too. If the court does not believe he is an enemy combatant, they can and must set him free.

Wilkinson does seem to write that the matter should have been handled by the District Court. In reading the ruling, it is surprising that the District Court made such a poor ruling. It appears that the government may have contributed by not making a clear case.

The government has sought to file as an ex parte, supplemental attachment to its brief before this court "a sealed declaration discussing the military's determination to detain petitioner Hamdi as an enemy combatant." [...] This declaration is factual in nature. As such, it should come first before the district court, not the court of appeals.

I'll have to admit I'm confused by the government's decision to consider Hamdi an enemy combatant, but not Walker.

[mrsmith]

IIRC that district judge is one of those part-time "senior" judges brought out of retirement to fill in for the shortage of judges caused by "we know who".
Well, Judge Wilkinson is going to let him try again- and has pretty much told him exactly what to do this time.

The killing of Spann made the difference for Walker. What a harrowing example to show children to be careful who they hang out with!