Hamdi v. Rumsfeld

In response to the terrorist attacks on September 11, 2001, Congress authorized the president to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks.” On October 7, 2001, American and allied forces commenced military action against Taliban and Al Qaeda forces in Afghanistan. Yaser Esam Hamdi (defendant) was an American citizen who was captured by allied forces on the battlefield in Afghanistan. Hamdi was declared an enemy combatant and detained by the military at the Norfolk Naval Brig. Hamdi petitioned for a writ of habeas corpus. In response to the writ, the government filed a response and motion to dismiss. Attached to the response was an affidavit from the Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs. Mobbs’s affidavit (the Mobbs declaration) confirmed the material factual allegations in Hamdi’s petition, including that Hamdi was seized in Afghanistan by allied military forces during the sanctioned military campaign, designated as an enemy combatant, and detained by the government. The district court found that the Mobbs declaration did not sufficiently support Hamdi’s detention and ordered the government to turn over various materials, including notes, statements, and names of interrogators. The government moved to certify the production order for immediate appeal. The district court certified the question of whether the Mobbs declaration was sufficient as a matter of law to allow a meaningful review of Hamdi’s classification as an enemy combatant. The government petitioned for interlocutory review, and review was granted.