Legal Opinion

Hamdan v. Rumsfeld

District Court, District of Columbia

Decided November 8, 2004No. CIV.A.04-1519 JRPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERTSON, District Judge.

Salim Ahmed Hamdan petitions for a writ of habeas corpus, challenging the lawfulness of the Secretary of Defense’s plan to try him for alleged war crimes before a military commission convened under special orders issued by the President of the United States, rather than before a court-martial convened under the Uniform Code of Military Justice. The government moves to dismiss. Because Hamdan has not been determined by a competent tribunal to be an offender triable under the law of war, 10 U.S.C. § 821, and because in any event the procedures…

2Cases cited27 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  4. Maryland v. CraigSupreme Court of the United States · 1990
  5. Reid v. CovertSupreme Court of the United States · 1957

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3Cited by13 opinions

  1. Hamdan v. RumsfeldSupreme Court of the United States · 2006
  2. In Re Guantanamo Detainee CasesDistrict Court, District of Columbia · 2005
  3. Hamdan, Salim Ahmed v. Rumsfeld, Donald H.Court of Appeals for the D.C. Circuit · 2005
  4. United States v. Al BahlulUnited States Court of Military Commission Review · 2011
  5. Hamdan v. GatesDistrict Court, District of Columbia · 2008

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