STATEMENT OF MONICA GOODLING, JUSTICE DEPARTMENT SPOKESWOMAN, ON THE SUPREME COURT'S DECISION TO HEAR THE HAMDI CASE:

“As the Supreme Court undertakes review of the Yaser Hamdi case, the Justice Department will vigorously defend the President's authority to capture and detain enemy combatants. This authority is crucial in times of war whether the enemy combatants are individuals such as Hamdi, who join our enemies on the battlefield to fight against America and its allies, or whether they are individuals such as Jose Padilla, who was found by the President to have infiltrated our border intent on committing hostile and war-like acts against our nation. It is important to remember that the purpose of military detention is to prevent enemy combatants from continuing to aid those who would seek to injure our people, as well as to gather intelligence to thwart further terrorist assaults.

“In the past, the Supreme Court has clearly stated that the President has the authority to protect the nation by detaining combatants in times of war. As the Supreme Court unanimously said in 1942, ‘[l]awful combatants are subject to capture and detention as prisoners of war by opposing military forces,’ and that ‘[u]nlawful combatants are likewise subject to capture and detention.’ Ex parte Quirin, 317 U.S. 1, 31 (1942). More recently, the Court held that, ‘In times of war or insurrection, when society’s interest is at its peak, the Government may detain individuals whom the government believes to be dangerous.’ United States v. Salerno, 481 U.S. 739, 748 (1987).”

ADDITIONAL BACKGROUND INFORMATION:

Yaser Hamdi is one of thousands of enemy combatants captured by the U.S. and alliance forces during the military operations in Afghanistan. Hamdi was seized as an enemy combatant when the Taliban unit he was fighting with surrendered in the theatre of battle. When captured, he was armed with an AK-47.

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