4th Circuit to Rehear Detainee Case
Posted Aug 23, 2007 1:33 PM CDT
By Debra Cassens Weiss
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.