HAMDAN v. RUMSFELD

No. 04-5393.

415 F.3d 33 (2005)

Salim Ahmed HAMDAN, Appellee v. Donald H. RUMSFELD, United States Secretary of Defense, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2005.


Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Paul D. Clement, Acting Solicitor General, Gregory G. Katsas, Deputy Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Jonathan L. Marcus, Assistant to the Solicitor General, Douglas N. Letter, Robert M. Loeb, August Flentje, Sharon Swingle, Eric Miller and Stephan E. Oestreicher, Jr., Attorneys.

Daniel J. Popeo and Richard A. Samp were on the brief of amici curiae Washington Legal Foundation and Allied Educational Foundation in support of appellants.

Jay Alan Sekulow and James M. Henderson, Jr. were on the brief of amicus curiae The American Center for Law & Justice supporting appellants.

Neal K. Katyal and Charles Swift, pro hac vice, argued the cause for appellee. With them on the briefs were Benjamin S. Sharp, Kelly A. Cameron, Harry H. Schneider, Jr., Joseph M. McMillan, David R. East, and Charles C. Sipos.

Carlos M. Vazquez and David C. Vladeck were on the brief of amici curiae of fifteen law professors in support of appellee.

David R. Berz was on the brief for amici curiae Louise Doswald-Beck, et al. in support of appellee.

Jordan J. Paust was on the brief for amicus curiae International Law and National Security Law Professors in support of appellee.

Jenny S. Martinez, appearing pro se, was on the brief for amici curiae Jenny S. Martinez and Allison Marston Danner.

Mary J. Moltenbrey was on the brief for amici curiae 305 United Kingdom and European Parliamentarians in support of appellee.

Gary S. Thompson was on the brief for amici curiae Eleven Legal Scholars in support of appellee.

Philip Sundel, Attorney, Office of Chief Defense Counsel, was on the brief for amicus curiae Military Attorneys Detailed to Represent Ali Hamza Ahmad Sulayman Al Bahlul in support of appellee.

Kurt J. Hamrock and Phillip E. Carter were on the brief for amici curiae Military Law Practitioners and Academicians Kevin J. Barry, et al. in support of appellee.

Blair G. Brown was on the brief for amicus curiae National Association of Criminal Defense Lawyers, Inc. in support of appellee.

Elisa C. Massimino was on the brief for amici curiae Human Rights First, et al. in support of appellee.

David H. Remes was on the brief for amici curiae General Merrill A. McPeak, et al. in support of appellee.

Jonathan M. Freiman was on the brief for amici curiae People for the American Way Foundation, et al. in support of appellee.

Morton Sklar was on the brief for amicus curiae The World Organization for Human Rights USA in support of appellee.

Jonathan L. Hafetz was on the brief for amicus curiae Louis Fisher in support of appellee.

Alan I. Horowitz was on the brief for amicus curiae Noah Feldman in support of appellee.

Christopher J. Wright and Timothy J. Simeone were on the brief for amicus curiae Urban Morgan Institute for Human Rights in support of appellee.

James J. Benjamin, Jr., Nancy Chung, Amit Kurlekar, Steven M. Pesner, and Laura K. Soong were on the brief for amicus curiae The Association of the Bar of the City of New York in support of appellee.

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

RANDOLPH, Circuit Judge.

Afghani militia forces captured Salim Ahmed Hamdan in Afghanistan in late November 2001. Hamdan's captors turned him over to the American military, which transported him to the Guantanamo Bay Naval Base in Cuba. The military initially kept him in the general detention facility, known as Camp Delta. On July 3, 2003...

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