Bush Administration Loses Major Terror Detention Case
In a “major setback” to President Bush’s terrorism detention policies, a federal appeals court ruled today that the administration “cannot legally detain a U.S. resident it believes is an al-Qaida sleeper agent without charging him.”
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.
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