The Supreme Court has vacated a judgment of the Fourth Circuit Court of Appeals, which had rejected the challenge by the terrorist Ali al-Marri to his detention as an enemy combatant. The Court has directed the Fourth Circuit to dismiss al-Marri’s appeal as moot.
The government asked for this result last week after indicting al-Marri on terrorism charges. However, al-Marri urged the Court to hold on to the case and issue a ruling on whether the President has the authority to detain an alleged enemy combatant captured within the United States. His lawyers cited “the possibility that al-Marri will be returned to military custody and detained without charge.” (Not likely, but one can always hope)
The Supreme Court declined al-Marri’s invitation. Its order also approves al-Marri’s transfer from military to civilian custody for trial.
Via: The Heritage Foundation
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