4th Circuit to Rehear Detainee Case

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.

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.