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Court Rules in Favor of Enemy Combatant


The Bush administration cannot legally detain a U.S. resident it believes is an al-Qaida sleeper agent without charging him, a divided federal appeals court ruled Monday. The court said sanctioning the indefinite detention of civilians would have "disastrous consequences for the constitution—and the country."

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.

Al-Marri's lawyers argued that the Military Commissions Act, passed last fall to establish military trials after a U.S. Supreme Court ruling, doesn't repeal the writ of habeas corpus—defendants' traditional right to challenge their detention.

Another case of giving a non-citizen terrorist the same or more rights than it does it's own citizens. Seeing as how this person lived in a town near me and was arrested there I have followed this story from the beginning in local news. There are in fact charges made against this individual, just not in civilian courts. Those charges of being an enemy combatant are based on information that was legally obtained from his computer that was in his rented apartment in Peoria, IL.



* An Arabic prayer asking God to protect Osama Bin Laden.

* Audio files of lectures by Bin Laden and his associates advocating martyrdom and support for the Taliban.

* Other lectures urging opposition to Jewish and Christian control of Palestine, Lebanon and Saudi Arabia, while advising how to train in Bin Laden's Afghanistan camps.

* A note in Arabic proclaiming: "Neither the U.S. nor anyone living in it will dream of security/safety before we live it in Palestine and before the infidel armies leave the land of Mohammed."

* Photos of the attacks on the World Trade Center and Arab prisoners held in Kabul.

* Extensive evidence of credit card fraud.

         - Four files that contained more than 1,000 apparent credit card numbers. At the beginning of
           one of the files was the statement, "Here is a list of Visa numbers for my fellow hackers ..."

        - A report generated by the computer program "CreditMaster 4.0" that had a list of 38 credit
           card numbers.

        - Computer folders with links to Internet sites dealing with computer hacking, fake driver's licenses
           and other fake identification cards.

         - Programs used to hide the identity of a user's origin or his identity on the Internet.

         - Inside the computer's carrying case, agents found a two-page handwritten document that
           listed 36 apparent credit card numbers along with the names of the account holders and
           whether the card was a MasterCard or a Visa.

           (None of the cards were issued to Al-Marri, it has not been said by authorities who they were
            made out to.)

* Links to Web sites on hazardous chemicals and how to buy them, weapons and satellite equipment.

On Dec. 23, Al-Marri was charged with making false statements to the FBI by denying that he had called a telephone number in the United Arab Emirates that has been linked to Mohamed Atta, ringleader of the Sept. 11 hijackers, and Mustafa Ahmed Al-Hawsawi, a fugitive suspected of financing the hijackers.

Al-Marri also is charged with lying to federal agents when he said he had not been in the United States from 1991 to 2001, when in fact he was here in the summer of 2000.

During that time, the government contends, Al-Marri created a phony company - AAA Carpets - out of room 209 in the Time Out Motel in Macomb, Ill., under the name Abdullakareem A. Almuslam.

By using the false name and the stolen Social Security number of a woman, authorities charge, Al-Marri opened accounts at three banks in Macomb for his fictitious business. He also is accused of using stolen credit card numbers found on his laptop to process fraudulent transactions through the AAA business.

In court papers, federal prosecutors Michael McGovern and Jonathan Kolodner say it also has been established that while Abdullakareem Almuslam was scheming in Illinois with his AAA Carpet firm, an Ali Al-Marri took an American Airlines flight from Peoria to Chicago's O'Hare and then on to LaGuardia Airport on Aug. 18, 2000. Al-Marri flew from New York to Chicago the next day and did not connect with a reserved flight to Peoria, the records show.

The FBI also says it now knows how Al-Marri came to the United States and left in 2000. Lufthansa Airlines records show that an Ali S. Al-Marri traveled from Dahman, Saudi Arabia, to Frankfurt and on to O'Hare on May 25-26, 2000, and flew from Frankfurt to Dahman on Aug. 21, 2000. It is not known how Al-Marri got from the United States to Germany.

So this man escaped back to Saudi Arabia?  They should have at least arrested him on the credit card fraud in order to hold him...then work on the other charges against him.  We really need more spies to get on the inside of these sleeper cells.

In "Inside the Jihad", the author said they are trained how to respond to interrogation.  They also are taught to lie during interrogation.   The author said the person responsible for the USA going to war against Iraq was a terrorist who lied under interrogation.    He said the terrorists didn't like Saddam Hussein and used the USA to get rid of him.

No he is in a Navy brig in Charleston, S.C. right now. The travel dates that are listed are indications that were times before his arrest or any proof against him was had.