Court Rules in Favor of Enemy Combatant
Jun 11 01:02 PM US/Eastern
By ZINIE CHEN SAMPSON
Associated Press Writer

RICHMOND, Va. (AP) - The Bush administration cannot legally detain a U.S. resident it believes is an al-Qaida sleeper agent without charging him, a divided federal appeals court ruled Monday. The court said sanctioning the indefinite detention of civilians would have "disastrous consequences for the constitution—and the country."

In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court.

It ruled the government must allow al-Marri to be released from military detention.

Al-Marri has been held in solitary confinement in the Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest at his home in Peoria, Ill., where he moved with his wife and five children a day before the Sept. 11, 2001, terrorist attacks to study for a master's degree.

"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution—and the country," the court panel said.

Al-Marri's lawyers argued that the Military Commissions Act, passed last fall to establish military trials after a U.S. Supreme Court ruling, doesn't repeal the writ of habeas corpus—defendants' traditional right to challenge their detention.

This is a breaking news update. Check back soon for further information. AP's earlier story is below.

RICHMOND, Va. (AP)—The Bush administration cannot legally detain an immigrant it believes is an al-Qaida sleeper agent without charging him, a divided federal appeals court ruled Monday.

In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri of his constitutional rights to challenge his accusers in court. It ruled the government must allow him to be released from military detention.



*****

I guess that makes it like Bush Admin 30, the Constitution 1... but all comebacks start with a single score.

Thank God

Actually, there have been a LOT of court rulings against the Bush Administration's trampling of the constitution, but the administration just keeps appealing them until they find a court that will rule in the Administration's favor, or simply refuses to hear it.

I wouldn't get too excited about this until the Supreme Court has their say.

All it takes is for Kennedy to come out the other way these days. Alito, Scalia, Thomas and Roberts seem to be a pretty solid block most of the time.

Mind you, I've not read any non-capital cases recently.

Dude. If he's not a terrorist, he's a child molester. Keep him in!