U.S. District Court Judge Robert Doumar directed the Government Friday to justify it's detention of Yaser Hamdi, the American born young man captured in Afganistan.

"Saying that he would not be a "rubber stamp" for the government," Judge Doumar ordered United States attorneys today to turn over all of Hamdi's statements as well as any documents supporting their argument that Hamdi should remain jailed without charges and access to a lawyer.

Doumar also ordered prosecutors to turn over "statements by Mr. Hamdi's captors, a detailed chronology of his capture and detention beginning with his surrender to the Northern Alliance in Afghanistan late last year, the criteria used to determine that he was an "unlawful enemy combatant," and the names and addresses of the people who made the determination. "

The Judge will review the documents privately, or "in camera" as it's called.

In his written order, Judge Doumar said,

"This case appears to be the first in American jurisprudence where an American citizen has been held incommunicado and subjected to an indefinite detention in the continental United States without charges, without any findings by a military tribunal, and without access to a lawyer."

Hamdi's lawyer, Federal Defender Frank Dunham, Jr. theorizes that the Government is using Hamdi as a test case to see just how far it can go.

But Judge Doumar is keeping prosecutors on a short leash and on previous occasions has expressed his dissatisfaction with their answers. The Government's submission to date has been a two page statement alleging that when Hamdi surrendered in Afganistan, he had a rifle in his possession.

Not enough said the Judge, and we whole-heartedly agree.