Christian Action Network

Daily Terrorism News; WebPage @ www.ChristianAction.Org

Sworn to kill Americans; President needs the right to lock up dangerous enemy combatants.

(USA Today) Throughout American history, enemy combatants captured by our military have been held in captivity without full-fledged trials until the end of hostilities. Monday’s 2-1 decision by a federal appeals court seeks to change that history. It is not as though the combatant in question, Ali al-Marri, has been locked in a dungeon, never to be heard from again. To the contrary, ever since he was designated an enemy combatant in 2003, he has been represented by counsel and permitted to contest his detention by filing a habeas corpus petition in federal court. A trial judge hearing his case required the military to present its sworn allegations that al-Marri came to the USA on Sept. 10, 2001, as a well-financed al-Qaeda sleeper agent who had pledged to Osama bin Laden that he would kill Americans. So how did al-Marri, a citizen of Qatar, respond to the government’s allegations, which the trial court judge deemed sufficient to hold him? By refusing to present any evidence of his own. Rather, his entire defense consisted of a claim that the Constitution prohibits the president from detaining anyone located in the USA, unless that person is charged with a crime and prosecuted in our criminal courts. In other words, while conceding that the military is entitled to detain combatants captured overseas, al-Marri contends that by managing to get into this country before being captured, he exempted himself from the normal rules of war. Disappointingly, two federal judges and USA TODAY agree with that position. Monday’s decision conflicts with a previous decision involving Jose Padilla, whose indefinite detention as an enemy combatant was upheld by a panel made up of three different judges of the very same appeals court. Like al-Marri, Padilla was taken into custody in Illinois after returning to this country to engage in jihad. Padilla is a U.S. citizen and al-Marri is not; one would think that al-Marri’s alien status should have weakened, not strengthened, his constitutional claims. He is entitled to his day in court, but al-Marri should not be permitted to demand that the government reveal all its intelligence sources at a full-blown criminal trial. Richard Samp is counsel to the Washington Legal Foundation.


June 13, 2007 - Posted by | Blogroll, news, personal, politics, random, religion, Terrorism, Terrorism In The U.S., Terrorism News, Uncategorized, War-On-Terror

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