al-Marri v. Spagone
al-Marri v. Spagone | |
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Case history | |
Prior | Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit |
Subsequent | Dismissed as moot |
Questions presented | |
Whether U.S. residents can be imprisoned indefinitely for suspected wrongdoing without being charged with a crime and tried before a jury. | |
Court membership | |
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al-Marri v. Spagone, 555 U.S. 1220 (2009), was a legal case in which the
The Fourth Circuit had ruled that a United States resident cannot be held on suspicion of terrorist activities, but must be charged in a domestic court or released.
Background
The federal government arrested Ali Saleh Kahlah al-Marri on December 12, 2001, and indicted him on charges two years later on apparently unrelated charges of credit card fraud and assorted crimes of dishonesty.
On June 23, 2003, President
Fourth Circuit decision
Judge
Dissenting from the opinion, Judge Henry E. Hudson indicated that he believed Bush possessed the authority to detain alleged sleeper agents such as al-Marri, "the type of stealth warrior used by Al Qaeda".[5]
The decision of Judge Motz was subsequently set aside and the case was reheard en banc on August 22, 2007, by the entire Fourth Circuit Court of Appeals. In a plurality opinion issued on July 15, 2008, the court held that the president did have authority to hold Al-Marri in military custody, but that Al-Marri was entitled to a greater, but undefined, degree of due process in his habeas corpus petition than had been accorded by the court below. The Supreme Court granted certiorari.
Shortly following his becoming president, President Barack Obama ordered Al-Marri transferred to civilian authorities, and the Supreme Court dismissed the case as moot on March 6, 2009. Al-Marri was subsequently prosecuted in civilian court and pleaded guilty. He had been imprisoned for eight years without charges.
See also
- Habeas corpus
- (1950)
References
- ^ 08-368
- ^ Kravetz, Andy (2008-12-05). "U.S. Supreme Court to hear al-Marri's case". Peoria Journal Star.
- ^ Certiorari. Summary disposition Supreme Court
- ^ Enemy Combatant Designation by President Bush.
- ^ Complete decision on Findlaw.com, Hudson's Dissent, at pg. 86.
External links
- En Banc decision of the Fourth Circuit
- Complete decision on Findlaw.com
- Coverage from The New York Times
- Al-Marri v. Wright Oral Arguments (October 31, 2007) is available for free viewing and download at the Internet Archive