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New U.S. appeal in Hamdi case

Hamdi, center, was captured in Afghanistan and declared an "enemy combatant."

WASHINGTON (CNN) -- As a deadline nears for the United States to elaborate why it is holding without charges an American captured fighting with the Taliban, federal prosecutors filed a new round of appeals over the man's legal status.

On Monday, U.S. government lawyers filed appeals in the case of Yaser Esam Hamdi, being held without charges by the U.S. military in Norfolk, Virginia.

Justice Department lawyers asked the Fourth U.S. Circuit Court of Appeals to overturn for a third time a ruling by U.S. District Court Judge Robert Doumar over Hamdi's continued detention as a so-called "enemy combatant."

Last Friday, Doumar ordered the government to produce more information by Wednesday about the criteria used to declare Hamdi an enemy combatant. The government says the court has no authority to demand the information and has refused to provide the material.

"The court's order raises an important legal question concerning the extent to which a court may require the production of national security sensitive materials," the government appeal said, "including statements from interviews conducted by the military for intelligence-gathering purposes."

RESOURCES Read key documents in the case (FindLaw) (PDF)  • U.S. motion for interlocutory appeal and stay: Hamdi v. Rumsfeld, Aug. 19, 2002  • Order: Hamdi v. Rumsfeld (Aug. 16, 2002)      LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

Hamdi was born in the United States to a Saudi father. The U.S. military captured Hamdi late last year in Afghanistan fighting with the Taliban. He was taken to Guantanamo Bay, Cuba, for detention, but then transferred him to the Navy brig in Norfolk upon learning his citizenship.

In its filing, the government asked the appeals court to block Doumar's order until the issue is resolved.

"A stay is appropriate to permit this case to proceed in an orderly and timely fashion without unduly interfering with the military's performance of important national security functions," the government said.

The central issue continues to be whether the courts have any power to intervene when the executive branch has declared someone from the battlefield to be an enemy combatant.

"This case presents an important legal question regarding the proper role for courts in reviewing the executive's determinations of enemy-combatant status during wartime," the government said.

The conservative, Richmond-based Fourth Circuit has twice before overturned Doumar's decision allowing Hamdi unmonitored access to an attorney, and granting the government substantial latitude.

This time, the government wants the court to bat down the view of the lower court judge that he has the authority to force sensitive disclosures in order to decide whether officials can justifiably continue holding Hamdi in the legal limbo of "enemy combatant."