Friday, July 18, 2008

4th Circuit dangerously expands alleged "wartime power"

The Fourth Circuit Court of appeals, in a fractured en banc decisions, held that the President has the legal power to order the indefinite military detentions of civilians captured in the United States. However, the Court also ruled that Ali al-Marri, a citizen of Qatar now in military custody in Charleston, S.C., must be given an additional opportunity to challenge his detention in federal court there. The case is likely to reach the Supreme Court.

The Washington Post has this article on the decision.

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