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Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

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Published by Chuck Achberger

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Published by: Chuck Achberger on May 06, 2011
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05/16/2012

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One U.S. citizen is known to remain in custody in the United States as an enemy
combatant; the other has been released. It was reported that one Canadian citizen
was being held in U.S. military custody in the United States after his arrest by the
Canadian Security Intelligence Service.178

It is unclear whether the man, Mohamed
Mansour Jabarah, is considered an “enemy combatant,” but he reportedly was held
for interrogation and not charged with any offense. A Qatari national who was
lawfully present in the United States has also been declared an “enemy combatant”
and turned over to military custody. The man, Ali Saleh Kahlah Al-Marri, was
originally detained as a material witness on December 12, 2001, in connection with
the investigation into the attacks of September 11, 2001. He was later charged with
credit card fraud and scheduled to stand trial beginning July 21, 2003. However, on
June 23, 2003, President Bush designated him an “enemy combatant” and directed
that he be transferred to the Naval Consolidated Brig in Charleston, South Carolina,
where he is currently being held. His attorneys filed a petition for habeas corpus on
his behalf in the District Court for the Central District of Illinois, which dismissed
the petition for improper venue.179

CRS-33

180

See Hamdi v. Rumsfeld, 296 F.3d 278, 281-83 (4th Cir. 2002)(“Hamdi II”).

181

Id. at 283.

182

See Hamdi v. Rumsfeld, 316 F.3d 450 (“Hamdi III”), reh’g en banc denied, 337 F.3d 335

(4th

Cir. 2003)(where individual is designated as an enemy combatant and it is undisputed
that he was captured in a combat zone, no further judicial inquiry is warranted after the
government “has set forth factual assertions which would establish a legally valid basis for
the petitioner’s detention”).

183

See Hamdi II, 296 F.3d at 283.

184

See Hamdi v. Rumsfeld, 243 F.Supp.2d 527, 532 (E.D. Va. 2002).

185

Id. at 530. The court refers to the DoD Joint Service Regulation, Enemy Prisoners of
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