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View Diary: President Obama Seeks Halt of Gitmo Trials (289 comments)

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  •  Here's the passage from Hamdi: (2+ / 0-)
    Recommended by:
    freakofsociety, JSC ltd

    We therefore hold that a citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government’s factual assertions before a neutral decisionmaker.....At the same time, the exigencies of the circumstances may demand that, aside from these core elements, enemy combatant proceedings may be tailored to alleviate their uncommon potential to burden the Executive at a time of ongoing military conflict. Hearsay, for example, may need to be accepted as the most reliable available evidence from the Government in such a proceeding. Likewise, the Constitution would not be offended by a presumption in favor of the Government’s evidence, so long as that presumption remained a rebuttable one and fair opportunity for rebuttal were provided.

    Notably, Hamdi was a US citizen, and was still only entitled to the minimal due process O'Connor outlines above.

    We are building a team that is continuously being built. - Sarah Palin

    by burrow owl on Tue Jan 20, 2009 at 09:38:22 PM PST

    [ Parent ]

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