« If it's Monday, What is Bush's policy on a Deadline for Kosovo? | Main | Odd Patterns of Support Among Candidates »

Court Cites "Disastrous Consequences" of Bush Policy

In a 2-1 decision today a Federal Appeals Court ruled that the Bush administration can not detain Ali al-Marri, A U.S resident whom they've deemed an Al-Qaeda sleeper agent, without charging him.

The Bush administration cannot legally detain a U.S. resident it deems an al Qaeda sleeper agent without charge and must allow him to be released from military detention, 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 also ruled that the federal Military Commissions Act does not strip Qatari national Ali al-Marri of his constitutional rights to challenge his accusers in court. He is the only person being held as an enemy combatant on U.S. soil.

"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 said in its opinion.

The decision that he must be released doesn't mean that he'll now go free, it just means that his case must be transferred out of the military system and into the civilian court system.


Note: Wizbang Blue is now closed and our authors have moved on. Paul Hooson can now be found at Wizbang Pop!. Please come see him there!

  • Currently 4.3/5
  • 1
  • 2
  • 3
  • 4
  • 5
Rating: 4.3/5 (6 votes cast)


Advertisments

Categories

Archives

Technorati



Add to Technorati Favorites

Credits

Publisher: Kevin Aylward

Editors: Lee Ward, Larkin, Paul S Hooson, and Steve Crickmore

All original content copyright © 2007 by Wizbang®, LLC. All rights reserved. Wizbang® is a registered service mark. Wizbang Blue™ is a trademark of Wizbang®, LLC.

Powered by Movable Type 3.35

Hosting by ServInt

Ratings on this site are powered by the Ajax Ratings Pro plugin for Movable Type.

Search on this site is powered by the FastSearch plugin for Movable Type.

Blogrolls on this site are powered by the MT-Blogroll.

Temporary site design is based on Cutline and Cutline for MT. Graphics by Apothegm Designs.