Detainee can challenge incarceration

By | Wednesday, July 16, 2008

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RICHMOND (AP)| The Bush administration has not given the only accused enemy combatant held on U.S. soil an adequate opportunity to challenge his detention, a closely divided federal appeals court ruled Tuesday.

In a 5-4 ruling, the 4th U.S. Circuit Court of Appeals said the administration has the authority to detain Ali Saleh Kahlah al-Marri if the allegations against him are true. However, the court said al-Marri must be allowed to challenge his accusers.

The full appeals court's ruling stops short of last year's 2-1 panel decision ordering an end to al-Marri's military detention. But it's still a setback for the administration, which has claimed broad power to hold enemy combatants suspected of terrorism.

"At least the president's claim of unchecked, un-reviewable detention power has been squarely rejected," said al-Marri's attorney, Jonathan Hafetz.

Mr. Hafetz said he was still reviewing the 220-page opinion and was unsure about his next step in trying to win his client's release.

Al-Marri has been held in a Navy base in Charleston, S.C., since June 2003. The native of Qatar was arrested in December 2001 at his home in Peoria, Ill., where he moved with his wife and five children a day before Sept. 11 to study for a master's degree at Bradley University.

The government says federal agents found evidence that al-Marri, who was charged with credit-card fraud, had links to al Qaeda terrorists and was a national security threat. Authorities shifted al-Marri's case from the criminal system and moved him to indefinite military detention.

Mr. Hafetz has argued that al-Marri could not be held in military custody because he was not captured on a battlefield. The Justice Department has said Congress gave the administration authority to seize and detain anyone affiliated with al Qaeda, regardless of where they are captured.

The appeals ruling comes a month after the Supreme Court ruled that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In a 5-4 ruling, the nation's highest court also said the system the administration put in place to classify suspects as enemy combatants and review those decisions is inadequate.

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