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AP via IHTA federal appeals court will reconsider a ruling that the government should charge Ali al-Marri, a legal U.S. resident and the only suspected enemy combatant on American soil, or release him from military custody.
The decision is a victory for the Bush administration, which had asked the full 4th U.S. Circuit Court of Appeals to reconsider a three-judge panel's June 11 ruling. The Justice Department had argued that national security will be jeopardized if the administration is not allowed to indefinitely hold suspected terrorists as enemy combatants inside the U.S.
The appeals court issued a brief order Wednesday granting the rehearing. Arguments will be held the week of Oct. 31, and the court's decision likely will come a few weeks later.
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In its petition for rehearing, the government said: "The scope of the President's authority to combat al Qaeda fighters who come to America to commit terrorist acts is exceptionally important, and the panel majority's ruling that the President lacks the authority to detain such al Qaeda agents militarily poses an immediate and potentially grave threat to national security."
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http://www.iht.com/articles/ap/2007/08/23/america/NA-GEN-US-Enemy-Combatant.php