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Supreme Court dismisses al-Marri 'enemy combatant' appeal as moot

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court on Friday granted a motion by the US government to dismiss as moot an appeal challenging the indefinite detention of suspected al Qaeda operative Ali Saleh Kahlah al-Marri. The Court had granted certiorari in December on al-Marri's appeal of a ruling by the US Court of Appeals for the Fourth Circuit upholding his detention. Acting Solicitor General Edwin Kneedler presented a motion to the Court, asking it to dismiss the appeal as moot in light of the administration's decision last week to try al-Marri in US federal court. Al-Marri was indicted last week on two charges of providing material support to al Qaeda and conspiring with others to provide material support to al Qaeda. In January, shortly after taking office, President Barack Obama ordered an immediate review of al-Marri's detention. Al-Marri was arrested at his home in Peoria, Illinois by civilian authorities in 2001, and was indicted for other crimes. In 2003, then-President George W. Bush declared him an enemy combatant and ordered the attorney general to transfer custody of al-Marri to the defense secretary, claiming inherent authority to hold him indefinitely, making al-Marri the only enemy combatant to be detained on US soil. His indefinite detention and classification as an enemy combatant caused controversy between the Bush administration and rights groups including the American Civil Liberties Union (ACLU), which is providing him with legal representation. Al-Marri has claimed abuse while being held in a US Navy brig in Charleston, South Carolina, where he currently remains.

Full post as published by JURIST - The Paper Chase on March 06, 2009 (boomark / email).