Constitutional Law

'Enemy Combatant' Al-Marri To Be Charged in Civilian Criminal Case

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A U.S. prisoner who has been held without trial for more than five years as an alleged “enemy combatant” is now reportedly about to be charged by the Department of Justice in a civilian criminal case.

The expected indictment against Ali Saleh Kahlah al-Marri, a legal resident and citizen of Qatar, may signal an important policy change: The Bush administration had argued that his case–and those of other claimed enemy combatants–should be handled by a military tribunal that does not provide the same protections to a suspect as the federal courts. If al-Marri’s case is transferred to a civilian court, that suggests the same approach could be taken concerning 245 prisoners at the Guantanamo Bay military detention facility, reports the New York Times.

The potential removal of al-Marri’s case to federal court was described by lead counsel Jonathan Hafetz, of the American Civil Liberties Union, as “an important step,” but one that should have been taken at the outset. Indefinite detention, Hafetz says, “violates 230 years of American law and tradition.”

His client, who is an alleged follower of al-Qaida, was arrested in Illinois in 2001 and charged with credit card fraud and related offenses. Al-Marri is now being held in a military brig in South Carolina.

Additional coverage:

ABC News: ”Enemy Combatant’ to be Charged in U.S.”

Reuters: “U.S. expected to charge suspected al Qaeda agent”

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