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4th Circuit to Rehear Detainee Case

Posted Aug 23, 2007 1:33 PM CDT
By Debra Cassens Weiss

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A federal appeals court has granted en banc review in a case challenging the indefinite military detention of a civilian who is suspected of terrorist ties.

The 4th U.S. Circuit Court of Appeals will rehear the case at its Oct. 31 session, SCOTUSblog reports. Its en banc order vacates a 2-1 panel decision finding that Ali Saleh Kahlah al-Marri must be released.

The original June 11 panel decision said al-Marri could be charged with a crime, deported or held as a material witness, but he could not remain indefinitely in military custody.

"The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention," the original opinion said.


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