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  • Al-Marri To Be Indicted In Federal District Court

    According to various news outlets, including the Washington Post, al-Marri (also known as Abdulkareen A. Almuslam), the last remaining unlawful enemy combatant in the United States, is about to be indicted in federal district court in the Central District of Illinois. The news stories indicated that he will be charged with, among other things, material support for terrorism.

    This is a significant development, and a clear break from the Bush administration’s policy with respect to al-Marri.

    As readers of this blog are well aware, the Supreme Court had taken up the al-Marri case, and is currently scheduled to hear his case this spring.

    Recall that President Obama issued a series of Executive Orders during his first week in office. One aspect of that flurry of orders required an analysis of the al-Marri case. If the news stories are true—that he is about to be indicted—it appears that analysis concluded that he could be safely tried in federal district court.

    Many of us who have been closely involved in detention-related matters, both inside and outside of the government, are not surprised at this development. Just yesterday, I mentioned at a panel event at the National Press Club that I believed that the Obama Administration would attempt to resolve the al-Marri case before it was argued before the Court.

    Al-Marri’s attorney, Jonathan Hafetz, now with the ACLU (formerly with the Brennan Center) told the Washington Post (in the article linked above) that the decision to charge his client “is an important step in restoring the rule of law.” He added, “But it is vital that the Supreme Court hear the case because it must be made clear once and for all that indefinite military detention of persons’ arrested in the U.S. is illegal and that this never happens again.”

    As stated above, al-Marri is currently detained in the Navy brig in Charleston, South Carolina. Once indicted, al-Marri would presumably be brought to a federal facility in Illinois, where his conditions of detention would be different from those he enjoys in the brig.

    For those interested in some of the evidence allegedly in the possession of the government on al-Marri, take a look at the previously-classified Declaration of Mr. Jeffrey N. Rapp, Director, and Joint Intelligence Task Force for Combating Terrorism, found here.

    If charged with material support for terrorism (as news outlets are suggesting he will be) and convicted, al-Marri could face a sentence of up to life in prison.

    Ironically, if acquitted of all charges in federal district court, and the U.S. Supreme Court hears his case, and the Court upholds the Fourth Circuit’s opinion, al-Marri might find himself right back in military detention as an unlawful enemy combatant.

    cross posted at CAAFlog

    Posted in Security [slideshow_deploy]

    5 Responses to Al-Marri To Be Indicted In Federal District Court

    1. Paul Rinderle says:

      It is my understanding Obama has declared unofficially per his latest non mention in the sort of State of the Union speech we are neither in a terror war nor a war against Afghanistan.

      Thus there is no such thing as an enemy combatant, for war has not been declared on any state. How can you be unlawful of a state if you do not represent a state?

      Isn't Islamism a conundrum (riddle) in this situation or do we deliberately not recognize this world wide stateless terrorist organization for what it is?

    2. Spiritof76, New Hamp says:

      How much do you want to bet that Al-Marri will be acquitted? The prosecution's story will fall apart once it requires releasing classified documents to support the case against him.

      Almost every posting that I read in HF lately seems to want to believe somehow the new administration care about the type of America that existed and prospered for 200 years. I am sorry to say that they don't care. They want a socialist country and are doing it without a coup!

      How about when FDR's administration arrested the German Saboteurs on our soil but were executed through military tribunal? The ACLU (Communist organization founded by Roger Baldwin) lawyer is another socialist agent deliberately forgetting any precedence.

      Obama is bent on closing down the Gitmo and releasing all the terrorists there. He has already dropped all charges against the terrorist mastermind of USS Cole, first step towards releasing him. He sent Binyam Mohammed, an Al-Queda operative captured in Pakistan to Britain.

      The terrorists that he is releasing are likely to join their organization and attempt with more success to kill Americans. An American president is allowing that possibility. So tell me that Obama is an American president?

    3. John Clancy, Wyandot says:

      With each passing day our conviction that we have

      an irresponsible media, one that is out of sync with a free society, one that more and more moves in the direction of socialism and our loss of freedom. It is surely time to hoist the flag of freedom over the hero and heroines who died so that we might live in freedom. The frontal attack on capitalism and a free society is at hand. Make no mistake about clever, empty words.

      "Affairs are now soul size."

    4. Paul Ryan, Orlando F says:

      The american people have been brainwashed by the media and the "Era of change". The American herd of sheep asked for change and change is what they're getting. Change = socialism, welfare/entitlements, taxes, sinking economy. The American people will accept any idea good or bad as long as it's wrapped up in a well read speech. Obama is trying to pass every social pork project and program he can, he knows that he is a 1 term president, as soon as the shiny speeches are recognized as the snake oil sales pitch that they are.

    5. Ken St Louis says:

      Once again The solution to all the problems liberals have stuck is with is for all the responsible States that balance their budgets,( or at least try to ) is for them to SECEDE from the Union, take control of all Federal facilities, and refuse to send any more $ to the Washington WHACKOS!

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