Appeals court rules public defender can’t represent U.S.-born suspected Taliban fighter

? A U.S. appeals court ruled Wednesday that a federal public defender cannot represent a suspected American-born Taliban fighter because the attorney has no official relationship with him, according to court documents.

Frank Dunham, a federal public defender in Virginia, had filed a petition challenging the detention of Yaser Hamdi as an enemy combatant and asked a federal court to grant him “next friend” status. The district court granted Dunham the “next friend” status, clearing the way for him to represent Hamdi.

But the U.S. Fourth Circuit Court of Appeals reversed that ruling Wednesday, saying Dunham failed to show he had a significant relationship with Hamdi.

For the same reason, the appeals court also struck down an attempt by a New Jersey private attorney, Christian Peregrim, to represent Hamdi.

The ruling does not address the larger question of whether Hamdi has the right to an attorney or whether he can be detained indefinitely by the military.

In its ruling, the appeals court cited statues stating that a person suing for the ability to represent a defendant “must be able to demonstrate a sufficient personal stake in the outcome of a dispute.”

The court also noted that at a hearing, Dunham said, “Its quite possible that this man (Hamdi) could tell me, ‘Look, you’re a Christian infidel, I don’t want to talk to you. I don’t know why you filed this petition for me, I’m not interested.'”

The court did state, however, that Hamdi’s father, Esam Fouad Hamdi, could be granted “next friend” status. It is unclear by what process Hamdi’s father could arrange representation.

Hamdi, 21, was captured in Afghanistan in November after a prison uprising by Taliban and al-Qaida members. He was held at Guantanamo Bay, Cuba, until it was discovered that he was born in Louisiana to Saudi Arabian parents.

He was moved to the jail at the Norfolk (Va.) Naval Base in April, where he has been held as an enemy combatant.