Breaking: Bush Admin Loses Major Terror Case

[Hissyspit]

http://thinkprogress.org/2007/06/11/breaking-bush-administration-loses-major-terror-case

Breaking: Bush administration loses major terror case.

In a “major setback” to President Bush’s terrorism detention policies, a federal appeals court ruled today that the administration “cannot legally detain a U.S. resident it believes is an al-Qaida sleeper agent without charging him.”

In 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.

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.

“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.

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LBN Post Here: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2876868

[BOSSHOG]

1. Isn't conservative justice incredibly ludicrous

Hold people, no charges. For how long bush? For freaking ever? If ya had the goods on the guy, he could have been tried, found guilty and jailed by now.

Republicans to America: Government does not work, put us in charge and we will prove it.

BUSH HAS BEEN A DISASTROUS CONSEQUENCE FOR OUR CONSTITUTION. THATS WHY CONSERVATIVES LOVE HIM.

[jobycom]

2. Shouldn't that read "Humanity won a major court case?" nt

[CK_John]

3. You realize of course this will be appealed. Far from settled. n/t

[eleny]

10. Meantime, the public discussion of constitutional issues is alive and well

[The Stranger]

4. Why hasn't Congress abrogated the Detainee/Concentration Camp Commissions Act?

What in the fuck are the Democrats doing?

[Daphne08]

5. This is the reason we MUST ELECT a Democrat as President

in 2008... Judicial Nominations.

We don't need more 'Unitary Executive' judges and Justices making decisions (Note the dissenting judge, Henry Hudson in this case) which are contrary to our Constitution.

Story as published in the NYT: Appeals Court Orders Enemy Combatant Free by Military
http://www.nytimes.com/2007/06/11/washington/11cndcnd-combatant.html?hp

[ThomCat]

6. 4 years in solitary confinement

with no charges and no access to a judge. x(

How much harm has this man already suffered, and without a trial we have no idea whether he's innocent or guilty.

[NewYorkerfromMass]

7. Headline should read: "Judges defend Constitution

from further damage by Bush"

[malaise]

11. Yep

Thankfully Gonzo hasn't been able to influence all judges yet.

[ginnyinWI]

8. saying it's a "setback" is so Orwellian

Actually, they are the ones wanting to go backward, and this represents a move forward and toward the rule of law. Isn't the rule of law supposed to be a step forward, away from the law of the jungle? Why are they all trying to march us back to the jungle? :shrug:

[AlCzervik]

9. wow he's being released. this tells you a lot about the evidence IMO, the government

had no game which imo that is the reason we see so few cases actually going to trial.

[Rex]

12. Good.

Now let us see the Repukes offer a case against him based on real evidence - or will George just thumb his nose at the judge and keep him by changing his status?