Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

ONCE AN ENEMY COMBATANT, NOW FREE: UNSATISFACTORY JUSTICE IN THE HAMDI CASE
Miami Herald ^ | Sep. 26, 2004 | Editorial Staff

Posted on 09/27/2004 7:01:03 AM PDT by JesseHousman

The Justice Department's deal to release Yaser Esam Hamdi, the U.S. citizen it once branded among the ''worst of the worst'' of terrorists, at best is unsettling. At worst it is evidence of shameless hypocrisy by our government in detaining a presumed terrorist in solitary confinement for more than two years, then unceremoniously setting him free after the Supreme Court says that the captive has a right to challenge his detention.

No longer a threat?

Rather than present evidence that justifies the arrest and detention, the Justice Department will free Mr. Hamdi on condition that he renounce his U.S. citizenship, return to Saudi Arabia where he grew up and report any suspected terrorist activity. So do we now accept the Justice Department's assertion that Mr. Hamdi isn't a ''threat to the United States''? What about the administration's claims that he was so dangerous that he couldn't even be allowed to talk with a lawyer?

Mr. Hamdi either will be wrongly freed or has been wrongly imprisoned. It would be easy to make a reasoned judgment that it's the latter, but no one can be sure of that. None of the government's accusations that Mr. Hamdi took up arms against the United Staes has been or will be subjected to legal scrutiny. This is grossly unsatisfactory.

One issue under question is the extent of presidential powers during wartime. Does mere designation of a person as an ''enemy combatant'' justify a denial of due process? Of course not. The Supreme Court said as much in June when it ruled that Mr. Hamdi and other ''enemy combatants'' have a basic right to challenge their detention.

''A state of war is not a blank check for the president,'' Justice Sandra Day O'Connor wrote in the decision. By avoiding a hearing or legal proceeding on the validity of Mr. Hamdi's arrest and detention, the administration may say that it protects intelligence sources and methods. Fine. But it also is spared the embarrassment of a high-profile case that could lay bare the capriciousness of the ''enemy combatant'' designation and policy of detention without charge or legal review.

Potential abuse of power

Since the high court's ruling and after holding detainees at Guantánamo for years, the Pentagon initiated an annual ''administrative review'' to decide which detainees should be released. For those accused of war crimes, it sanctioned military-style hearings. Neither process is in keeping with conventional judicial procedures and each should face further legal challenge.

Even in the face of terrorism, U.S. courts must remain a check on the potential abuse of power by an overreaching government.


TOPICS: Crime/Corruption; Editorial; Extended News; Government; News/Current Events; War on Terror
KEYWORDS: enemycombatant; muslimkillers; terrorist
The editorial expresses disbelief in the fact that this Islamic has been released. However, they take a swipe at our current administration.

This man should still be in prison!

1 posted on 09/27/2004 7:01:03 AM PDT by JesseHousman
[ Post Reply | Private Reply | View Replies]

To: JesseHousman

Unless he's a tracer...


2 posted on 09/27/2004 7:12:40 AM PDT by Old Sarge (ZOT 'em all, let MOD sort 'em out!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Old Sarge
Unless he's a tracer...

When I first heard this story that was my feeling as well.. If he's that dangerous then the only thing to be gained by his release is to track him...

3 posted on 09/27/2004 7:16:06 AM PDT by BRITinUSA
[ Post Reply | Private Reply | To 2 | View Replies]

To: BRITinUSA

We released Farooqi - and now he's taking a dirt nap.

Sometimes it's a good thing to let the prey run for a bit - you learn where the dens are...


4 posted on 09/27/2004 7:21:45 AM PDT by Old Sarge (ZOT 'em all, let MOD sort 'em out!)
[ Post Reply | Private Reply | To 3 | View Replies]

Comment #5 Removed by Moderator

To: JesseHousman

Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,Beep, Beep, Beep,


6 posted on 09/27/2004 7:43:15 AM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JesseHousman
This is the sort of treatment routinely handed out to right wing suspects in the U.S., remember that guy who was busted for misdemeanor possession of gunpowder and given a 2 million dollar bail? I don't remember the editorial staff of the Miami Herald ever objecting in those sort of cases.
7 posted on 09/27/2004 11:14:42 AM PDT by jordan8
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson