Al-Marri v. Wright
Encyclopedia
al-Marri v. Spagone, was a legal case in which the United States Supreme Court had to decide whether individuals can be imprisoned indefinitely for suspected wrongdoing without being charged with a crime and tried before a jury.
The case was dismissed as moot on March 6, 2009 by the application of the Acting Solicitor General to transfer petitioner from military custody to the custody
of the Attorney General.
The Fourth Circuit of the U.S. Court of Appeals
ruled that a United States resident cannot be held on suspicion of terrorist activities, but must be charged in a domestic court or released.
on December 12, 2001 and brought him up on charges two years later on apparently unrelated charges of credit card fraud and assorted crimes of dishonesty. On June 23, 2003, President George W. Bush
determined al-Marri an enemy combatant and ordered him transferred to the custody of the Department of Defense. The federal government asserts he is a sleeper agent for the terrorist organization Al-Qaeda
, sent to the United States to explore future disruptions of the country's financial systems, thus justifying his detention without trial in civilian courts. Since that time, he has been held at a naval brig in Charleston, South Carolina, and is the only known enemy combatant held in military custody on U.S. soil (others are being held at the Guantanamo Bay detention camp in Cuba).
wrote the plurality opinion, which held that as a legal resident of the United States who was originally detained within the United States, al-Marri may not be held in military custody as an enemy combatant. The court also held that the Military Commissions Act
does not strip federal courts of jurisdiction to hear habeas corpus petitions from alleged enemy combatants arrested and detained within the borders of the U.S. The court then ordered the government to either charge al-Marri with a crime, to initiate deportation proceedings, or to release him.
Dissenting from the opinion, Judge Henry E. Hudson indicated that he believed Bush possessed the authority to detain alleged sleeper agents such as al-Marri, "the type of stealth warrior used by Al Qaeda."
The case was dismissed as moot on March 6, 2009 by the application of the Acting Solicitor General to transfer petitioner from military custody to the custody
of the Attorney General.
The Fourth Circuit of the U.S. Court of Appeals
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
ruled that a United States resident cannot be held on suspicion of terrorist activities, but must be charged in a domestic court or released.
Background
The federal government arrested Ali Saleh Kahlah al-MarriAli Saleh Kahlah al-Marri
Ali Saleh Kahlah al-Marri is a citizen of Qatar who was arrested on charges of being a sleeper al Qaeda agent while studying at Bradley University in the United States. After denying any wrongdoing since his arrest, al-Marri pled guilty in a plea agreement to the federal charges on April 30, 2009...
on December 12, 2001 and brought him up on charges two years later on apparently unrelated charges of credit card fraud and assorted crimes of dishonesty. On June 23, 2003, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
determined al-Marri an enemy combatant and ordered him transferred to the custody of the Department of Defense. The federal government asserts he is a sleeper agent for the terrorist organization Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
, sent to the United States to explore future disruptions of the country's financial systems, thus justifying his detention without trial in civilian courts. Since that time, he has been held at a naval brig in Charleston, South Carolina, and is the only known enemy combatant held in military custody on U.S. soil (others are being held at the Guantanamo Bay detention camp in Cuba).
4th Circuit decision
Judge Diana Gribbon MotzDiana Gribbon Motz
Diana Jane Gribbon Motz is a federal judge on the U.S. Court of Appeals for the Fourth Circuit.- Early life and education :...
wrote the plurality opinion, which held that as a legal resident of the United States who was originally detained within the United States, al-Marri may not be held in military custody as an enemy combatant. The court also held that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
does not strip federal courts of jurisdiction to hear habeas corpus petitions from alleged enemy combatants arrested and detained within the borders of the U.S. The court then ordered the government to either charge al-Marri with a crime, to initiate deportation proceedings, or to release him.
Dissenting from the opinion, Judge Henry E. Hudson indicated that he believed Bush possessed the authority to detain alleged sleeper agents such as al-Marri, "the type of stealth warrior used by Al Qaeda."
External links
- Complete decision on Findlaw.com
- Coverage from the New York Times