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Enemy Combatant section of MCA tossed out.
Chalk one up for the Constitution!
From MSNBC: The Bush administration cannot use new anti-terrorism laws to keep U.S. residents locked up indefinitely without charging them, a divided federal appeals court said Monday. The ruling was a harsh rebuke of one of the central tools the administration believes it has to combat terror. “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. In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the fIn 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. The government intends to ask the full 4th Circuit to hear the case, Justice Department spokesman Dean Boyd said. “The president has made clear that he intends to use all available tools at his disposal to protect Americans from further al-Qaida attack, including the capture and detention of al-Qaida agents who enter our borders,” Boyd said in a statement. 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 at Bradley University. “This is a landmark victory for the rule of law and a defeat for unchecked executive power,” al-Marri’s lawyer, Jonathan Hafetz, said in a statement. “It affirms the basic constitutional rights of all individuals — citizens and immigrants — in the United States.” The court said its ruling doesn’t mean al-Marri should be set free. Instead, he can be returned to the civilian court system and tried on criminal charges. “But the government cannot subject al-Marri to indefinite military detention,” the opinion said. “For in the United States, the military cannot seize and imprison civilians — let alone imprison them indefinitely.” Al-Marri is currently the only U.S. resident held as an enemy combatant within the U.S. BushCo is probably pissin' down both legs over this ruling. Tags: Politics, Bush, Enemy Combatant, Uphold the Consitution 8 comments from 4 users
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posted by
dusty1215
on Jun 12, 2007 at 10:52 AM
If Al-Marri is tried in a conventional court..there goes all that non-existent evidence! :P
posted by
randomfactor
on Jun 12, 2007 at 11:14 AM
I believe Keith Olbermann characterized the Bush Regime's response to this development as "wrong answer, try again."
posted by
mattloch
on Jun 12, 2007 at 11:14 AM
They'll charge him with something. And I'm sure he's sufficiently brainwashed and pliant now that he'll sign any confession they care to put in front of him.....
posted by
dusty1215
on Jun 12, 2007 at 11:25 AM
I haven't seen KO in two weeks!!!! I am so jonesing for some good political talk. News at my sisters house was a discussion of Paris freaking Hilton and Lindsey the jackass Lohan.
posted by
robbwillis
on Jun 12, 2007 at 11:28 AM
If Al-Marri is guilty of being part of Khalid Sheik Mohammed's Al Qaeda sleeper cell and came to the United States to prepare for a second wave of terrorist strikes it should be a slam dunk to keep him in prison forever. If he's not guilty, it has been a travesty to keep him in jail. I'm guessing the authorities didn't want him to have a trial because of the witnesses and info that will become public. Now we'll see, but you have to hope a bad guy doesn't get away to play another day.
posted by
randomfactor
on Jun 12, 2007 at 11:30 AM
Dusty, I didn't bother watching Countdown last night, as Keith wasn't on it and the lead story was..Paris freaking Hilton.
posted by
dusty1215
on Jun 12, 2007 at 11:33 AM
Random, I am so sick of Paris freaking Hilton I could scream. Robb..I do hope that IF he is guilty they slam his ass into jail for eternity. But the fact that they keep changing the charges doesn't look like they have much on him.
posted by
robbwillis
on Jun 12, 2007 at 12:16 PM
I hear that. I'm worried about the defense lawyers winning at any cost, which is their job. Undoubtably, there is a lot of classifed information surrounding this case. On one hand, you have people trying to protect the country. On the other, you have people that think there should be complete transparency and no clandestine operations at all. This pendulum seems to have swung to wildly over the last couple of decades when it belongs somewhere in the middle.
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