Legal Cases: Hamdi v. Rumsfeld

• Court order dismissing the Hamdi case based on the fact that Hamdi was released and sent to Saudi Araba on October 11, 2004. 
  
  
• Court order for Hamdi's release - October 8, 2004 - (October 5, 2004). 
  
  
• MOTION by Hamdi to Stay Proceedings due to agreement of release - Agreement of release attached  September 27, 2004.
  
  
• Justice Department announces that Hamdi will be released and sent to Saudi Arabia (September 22, 2004).
  
  
• Court vacates August 27 order  because the Fourt Circuit Court of Appeals retains jurisdiction over the case  until September 27, 2004
  
  
• Court grants stay but orders government to provide Hamdi's counsel with statements and other evident government would use is its case case Hamdi  - August 27, 2004
  
  
• Hamdi motion not to oppose Government motion for a stay 
  
  
• Government motion for a stay due to ongoing negations with Hamdi 
  
  
• Hamdi Memorandum for Hearing  - August 26, 2004
  
  
• Hamdi amended writ of Habeas Corpus to the District Court for the Eastern District of Virginia  - August 25, 2004
  
  
• Garrison, Arthur (2004). The War on Terrorism on the Judicial Front, Part II: The Courts Strike Back   American Journal of Trial Advocacy 27 (3):473-516. See also, Garrison, Arthur (2003). Hamdi, Padilla and Rasul: The War on Terrorism on the Judicial Front. American Journal of Trial Advocacy 27 (1): 99-148.
  
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• Hamdi v Rumsfeld Supreme Court ruled on June 28, 2004 that Hamdi had a right to challenge his designation as an enemy combatant before a neutral decisionmaker.
  
  
• Oral Arguments 
  
  
• Goverments merits brief to the Supreme Court - March 29, 2004 
  
  
• American Center for Law and Justice Amicus brief for the Government - March 24, 2004 
  
  
• Washington Legal Foundation Amicus Brief in Support of the Government to the Supreme Court (March 24, 2004) 
  
  Mar 2 2004 SET FOR ARGUMENT WEDNESDAY, APRIL 28, 2004.
  
  
• See Presidential Actions for speech (Feb. 24, 2004) by the White House General Counsel on the process for classification of an individual as an enemy combatant.
  
  
• February 23, 2004 Hamdi brief to the Supreme Court 
  
  
• ****** Amicus briefs in the Hamdi case ******
  
  Jan 9 2004 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED
  
  
• Government supplemental brief - January 7, 2004 
  
  
• Hamdi supplemental brief - January 5, 2004 
  
  
• Government response to Hamdi petition to the U.S. Supreme Court for writ of certirorari - December 3, 2003 
  
  
• Hamdi petition to the U.S. Supreme Court cases # 03-6696 - October 1, 2003. 
  
  
• The Court of Apeals for the Fouth Circuit (July 9, 2003)  Petition for rehearing and suggestion for reheahing en banc denied.
  
  
• Government response to Hamdi petition for rehearing and Suggestion for Rehearing en Banc (March 20, 2003) 
  
  
• Hamdi petition for rehearing and suggestion for rehearing en banc (February 24, 2003) 
  
  
• Hamdi v Rumsfeld, 316 F. 3rd 450 (4 Cir. 2003)  The Court of Apeals for the Fouth Circuit (January 8, 2003) - "Because it is undisputed that Hamdi was captured in a zone of active combat in a foreign theater of conflict, we hold that the submitted decloration [the Mobbs 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. No further factual inquiry is necessary or proper, and we remand the case with directions [to the District Court for the Eastern District of Virginia] to dismiss the [habeas corpus] petition."
  
  
• Federal Public Defender brief (October 18, 2002) to the 4th Circuit defending the August 16, 2002 District Court ruling that the Mobbs declaration alone is not enough to support a motion to dismiss Hamdi's habeas petition. 
  
  
• Government brief (October 4, 2002) to 4th Circuit appealing the August 16, 2002 holding that the Mobbs declaration, on its own, was sufficient to Hamdi as an enemy combatant and that the decloration was not enough to support a motion to dismiss Hamdi's habeas petition. 
  
  
• Government motion for interlocutory appeal and stay of Aug. 16, 2002 court order - August 19, 2002. 
  
  
• Hamdi v Rumsfeld  District Court for the Eastern District of Virginia orders government to produce documents orinially ordered by the court on July 31, 2002 and holds that the Mobbs declaration that Hamdi is an enemy combatant, in of itself without addidtion evidence, does not provide enough information to dismiss the wit of habeas corpus - August 16, 2002.
  
  District Court for the Eastern District Court of Virginia stays its order to government to produce information on Hamdi pending the 4th Circuit decision on the government appeal of the produce documents order by the court - August 7, 2002
  
  
• Government motion for a stay from District Court for the Eastern District of Virginia order to the government to produce, in camera, documents relating to Hamdi, his capture and statements made by Hamdi. - August 5, 2002 
  
  
• Hamdi July 30, 2002 response to governments' motion to dismis writ 
  
  
• Government response to, and motion to dismiss the petition for a writ of habeas corpus to the District Court for the Eastern District of Virginia - July 25, 2002 (included the Mobbs declaration) 
  
  
• Hamdi v Rumsfeld, 296 F. 3d 278 (4th Cir. 2002)   4th Circuit Court of Appeals reversing decision by the District Court for the Eastern District of Virginia, at Norfolk to force the government to allow Hamdi to see an attorney - July 12, 2002
  
  
• Hamdi v Rumsfeld, 294 F. 3d 598 (4th Cir. 2002)  4th Circuit Court of Appeals dismisses habeas petitions filed by the Federal Public Defender for Eastern District of Virginia and a private citizean due to lack of standing to file the writ - June 26, 2002
  
  
• Hamdi brief to the 4th Circuit Court oppossing supporting Hamdi being allowed to see an attorney - June 20, 2002 
  
  
• Governements brief to the 4th Circuit Court opposing Hamdi being allowed to see an attorney - June 19, 2002 
  
  
• The Woolfolk Declaration - June 13, 2002  States the reasons why intellence gathering is a key issue with holding enemy combatants at Camp X Ray.
  
  
• Hamdi writ of habeas corpus to the District Court for the Eastern District of Virginia - June 11, 2002