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Yaser Hamdi to be Allowed Attorney Visit

In a surprise about-face, the Pentagon today announced that it will allow Yaser Hamdi to consult with a lawyer.

Hamdi is a U.S. citizen being held as an enemy combatant in a military brig in South Carolina. No criminal charges have been brought against him. The Government has refused to let him see a lawyer and the Supreme Court is considering whether to hear his case.

The Pentagon, in reversing course, says it will allow him to see either Frank Dunham, who has been appointed by the federal court in Virginia, a military lawyer or a private lawyer.

Why the change of heart? The Pentagon says it has finished interrogating him and cites his U.S. citizenship. Well, the latter hasn't mattered to the government for the past year and a half, so we don't buy that one. We think the Administration sees the handwriting on the wall, and rather than risk the loss of face an adverse Supreme Court ruling will bring so close to election time, is trying to cut its anticipated losses.

The DoD press release is here. It sets forth the following policy:

DoD policy is that it will permit access to counsel by an enemy combatant who is a U. S. citizen and who is detained by DoD in the United States after DoD has determined that such access will not compromise the national security of the U. S.; and after DoD has completed intelligence collection from that enemy combatant or after DoD has determined that such access will not interfere with intelligence collection from that enemy combatant.

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