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Thursday, January 09, 2003
The U.S. Court of Appeals for the 4th Circuit ruled yesterday that an American citizen declared by the military to be an "enemy combatant" do not have the right to counsel and can be detained indefinitely if they are captured overseas. The specific case in question involves Yaser Esam Hamdi who was captured with the Taliban forces in Afghanistan.
Click here to read the actual decision in PDF. UCLA Law Professor Eugene Volokh has written a useful summary of what the decision does and doesn't cover.
It is important to note that this decision is that it doesn't not cover American citizens captured in the United States.