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Legal Commentary

: Discourse.net

A Win for the Constitution

By Professor University of Miami School of Law

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Overruled, Rule of Law Returns

The ACLU just announced that Ali Saleh Kahlah al-Marri, the only Bush-era “enemy combatant” being held in military detention on U.S. soil, will be charged as a criminal terrorist and tried for his alleged crimes by the Obama Administration. This is a really big deal, both because it marks a major step by the new Administration to demonstrate that national security does not require us to abandon the Constitution, and also because it gives meaning to President Obama’s previous decision to close Gitmo. If the Gitmo detainees were merely transferred from Cuba to U.S. soil, but were then detained here without trail, the President’s promise to close Gitmo would have been meaningless.

One more Bush-era cesspool being drained. Plenty left.

Full post as published by Discourse.net on February 26, 2009 (boomark / email).

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