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HAMDI v. RUMSFELD

No. 2:02-CV-439.

243 F.Supp.2d 527 (2002)

Yaser Esam HAMDI, and Esam Fouad Hamdi, As Next Friend of Yaser Esam Hamdi, Petitioners, v. Donald RUMSFELD, and Commander W.R. Paulette, Respondents.

United States District Court, E.D. Virginia, Norfolk Division.

August 16, 2002.

Attorney(s) appearing for the Case

Larry W. Shelton, Office of the Federal Public Defender, Norfolk, VA, Frank W. Dunham, Jr., Office of the Public Defender, Richmond, VA, for Yaser Esam Hamdi.

Esam Fouad Hamdi, Jubail, Saudi Arabia, pro se.

Lawrence Richard Leonard, Office of United States Attorney, Norfolk, VA, Gregory George Garre, U.S. Department of Justice Office of the Solicitor General, Washington, DC, for Respondent.

ORDER

DOUMAR, District Judge.

This case appears to be the first in American jurisprudence where an American citizen has been held incommunicado and subjected to an indefinite detention in the continental United States without charges, without any findings by a military tribunal, and without access to a lawyer. Despite the fact that Yaser Esam Hamdi ("Hamdi") has not been charged with an offense nor provided access to counsel, the Respondents contend...

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