Salim Ahmed HAMDAN, Petitioner
v.
UNITED STATES of America, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 3, 2012.
Decided October 16, 2012.
Attorney(s) appearing for the Case
Joseph M. McMillan argued the cause for petitioner. With him on the briefs were Harry H. Schneider Jr., Charles C. Sipos, Angela R. Martinez, Abha Khanna, Adam Thurschwell, and Jahn C. Olson.
J. Wells Dixon, Shayana D. Kadidal, and Pardiss Kebriaei were on the brief for amicus curiae Center for Constitutional Rights in support of petitioner.
David C. Lachman was on the brief for amicus curiae International Legal Scholars Terry D. Gill and Gentian Zyberi in support of petitioner.
John S. Summers and Michael J. Newman were on the brief for amicus curiae Professor David W. Glazier in support of petitioner.
Gene C. Schaerr and Kimball R. Anderson were on the brief for amicus curiae Constitutional Law Scholars in support of petitioner.
Jonathan Hafetz and David Cole were on the brief for amicus curiae Japanese American Citizens League, et al. in support of petitioner.
John F. De Pue, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Lisa O. Monaco, Assistant Attorney General for National Security, Jeffrey M. Smith, Attorney, Edward S. White, Captain, JAGC, U.S. Navy Appellate Counsel, and Francis A. Gilligan, Appellate Counsel, Office of the Prosecutor for Military Commissions.
Concurring Opinion filed by Senior Circuit Judge GINSBURG.
United States Court of Appeals, District of Columbia Circuit.
KAVANAUGH, Circuit Judge:
The United States is at war against al Qaeda, an international terrorist organization. Al Qaeda's stated goals are, among other things, to drive the United States from posts in the Middle East, to devastate the State of Israel, and to help establish radical Islamic control over the Greater Middle East. Al Qaeda uses terror to advance its broad objectives. Al Qaeda terrorists do not wear uniforms, and they target American civilians and members...
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