Reversal Comes on Eve of Court Filing
Wednesday, December 3, 2003; Page A01
The Bush administration reversed course last night in one of the most closely watched cases in the war on terrorism, saying a U.S. citizen jailed after being captured with Taliban soldiers in Afghanistan would be allowed access to a lawyer.
Government officials had argued for more than a year that Yaser Esam Hamdi was not entitled to counsel after they had designated him an "enemy combatant." The change in policy came on the eve of a government filing due today at the U.S. Supreme Court, which had been asked by a federal public defender in Virginia to review Hamdi's detention.
In a brief statement, Defense Department officials said Hamdi would be allowed to see a lawyer "as a matter of discretion and military policy." But the statement emphasized that the government did not feel obligated to make a lawyer available and that the decision "should not be treated as a precedent."
While it is rare for the administration to reverse itself on a major component of the anti-terror crackdown begun after the Sept. 11, 2001, attacks, the decision likely will improve the government's position before the Supreme Court.
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http://www.washingtonpost.com/ac2/wp-dyn/A29796-2003Dec2?language=printer