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How Will Obama Rule on Ali Al-Marri?

January 03, 2009 10:41 AM

Arrested in Peoria, Ill., in December 2001, Qatari native Ali Al-Marri has been held as an "enemy combatant" in solitary confinement in a Charleston, S.C., Navy brig since June 2003.

Almost immediately after taking office, President-elect Obama will have to decide whether his presidential actions will fall in line with his rhetoric as a candidate, especially on the matter of whether a U.S. president can hold a civilian in military detention indefinitely without filing any charges against him.

The New York Times takes a look today at the Al-Marri case, noting that a legal brief from the Obama Administration in the Al-Marri matter -- and President Bush's assertion that he has the powers to detain anyone indefinitely -- is due before the U.S. Supreme Court by Feb. 20. The case will likely be argued before the highest court in the land in March.

The U.S. government alleges in court papers that Al-Marri "was directed by al Qaeda leaders to enter the U.S. before Sept. 11, 2001, to serve as a sleeper agent, facilitate terrorist activities subsequent to Sept. 11 and explore computer hacking methods to disrupt bank records and the U.S. financial system."

But it's unclear that any evidence supporting those charges would be admissible in a U.S. court. Some of the evidence comes from Khalid Shaikh Mohammed, the architect of the 9/11 attacks, who provided information under conditions that include waterboarding.

As a candidate, Obama has said that he "reject(s) the Bush administration’s claim, that the president has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.” Complicating the matter, Al-Marri is not a U.S. citizen, though he was in the U.S. legally.

Obama transition team spokeswoman Brooke Anderson punted when asked what the president-elect will do, saying that Mr. Obama “will make decisions about how to handle detainees as president when his full national security and legal teams are in place.”

-- jpt

January 3, 2009 | Permalink | Share | User Comments (20)

User Comments

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I think this idea that the US can hold non-citizens more easily than citizens is absurd. As though moms and dads could punish other people's kids easier than their own, for instance. When US citizens travel abroad we expect they have every right, and the same applies to foreigners who come here.

Posted by: frank burns | Mar 18, 2009 12:51:57 PM

Obama should not be closing down Gunton-bay in Cuba, he is letting many hardened terrorists become free again, and is proving to the world that the US has a soft spot when it comes to acts of terrorism and violence like the 9/11 attacks. In doing this, Obama is opening up America to some more future attacks against the US, which some how is justified by him creating a little more work for the people of the US and giving government handouts to the many people already abusing the welfare system. I believe this terrorist should remain in the brig at the US Navy detention facility, due to the circumstances of the attack. He should not be treated with the same rights as a US citizen, because he is not. He should be treated as an international terrorist and a threat against national security. I believe in this matter, the president of the United States should withold the power at any time to withold anyone who is a direct extreme suspect of aiding and planning an attack against the US. The security of the united states of america is more important then the opening of a couple hundred thousand jobs, for without the security, our homeland could be overthrown very quickly by a few well planned attacks.

Posted by: MR | Jan 23, 2009 1:24:48 AM

who cares if he creates 600,000 jobs yes that is good but is that worth killing some innocent American lives becasue he felt that some of these terrorists should be freed!

Posted by: Michelle | Jan 22, 2009 11:30:59 PM

For the sake of the country, I pray president-elect Obama runs a successful presidency; however, I grow more doubtful each day. I almost cringe when I think of the "change" he is going to lead our nation into. I will continue to pray that he will make me regret not voting for him, but for now, I am certain my vote went to the right man.

Posted by: kbeka | Jan 7, 2009 10:53:26 PM

For all the criticism directed at them, since 9/11 Bush and Cheney have aggressively used the full powers of government, disrupted several attempts and have prevented any successful terror attacks on the US. They succeeded in the most important responsibility of the President. Obama can use the same powers or not, can pursue their strategy or his own, but in the end he will be judged by whether four years from now he has succeeded in this primary responsibility or not. If he lets an attack occur he is a failure. If the attack includes participation by someone he released or occurs because he pulled back from using surveillance or other powers Bush-Cheney used that would have detected it then he should be impeached. Very clear. Very simple. I am betting he is smart enough to distinguish the difference between campaign rhetoric and the actual responsibilities of governance. For the people who feel Bush-Cheney were too aggressive, remember, the Constitution is not a suicide pact. It is not our responsibility to let ignorant religious fanatics kill Americans, not now, not ever. If Obama releases this guy hopefully they send him to Pelosi's district.

Posted by: Student | Jan 4, 2009 11:36:27 PM

Funny how the "office of the president elect" thinks it's not appropriate to comment on things like this or Gaza, but is more than happy to spout off about plans to create 600,000 more government workers.
Not even sworn in yet and Barry's in way over his head. The media will be severely challenged to keep up the positive spin.

Posted by: BP | Jan 4, 2009 7:46:24 PM

Have you coddled a terrorist today?

Posted by: Karl Marx | Jan 4, 2009 4:41:26 PM

That will be a tough decision. If the only evidence is what was retrieved with torture I'd say deport him back to Qatari.
Torture experts have long said that information is not reliable extracted under torture. John McCain agreed with this as he said from personal experience that one would say anything to get the pain to stop. Also, one would have to look at the film, if it exists, or the transcript of the torture proceedings, to see if the prisoner was 'lead' to say specific things about Al-Marri.
I am confident that Obama, as a constitutional law professor will make the decision fairly and within our laws. Our country needs to be seen as lawful, not as eager to scapegoat innocent people just to rack up numbers of terrorists captured.
It is no different than what our police do. When a crime is committed, do you want someone convicted or the true criminal found and tried? There have been many instances where the pressure to arrest led to an innocent spending years in jail, while evidence that pointed to the true criminal was ignored. I hope that wasn't the case with Ali Al-Marri.

Posted by: Lydia | Jan 4, 2009 12:23:37 PM

By all means release him, to Nancy Pelosi's custody.

Posted by: drjohn | Jan 4, 2009 12:00:59 PM

He'll Vote "present". Ha ha ha, you suckers. How can 50.9 percent of the american people be so stupid?

Posted by: Hugh | Jan 3, 2009 10:25:32 PM

obama can release them and if they kill again then he is going to have to take the blame.. have at it.. good luck

Posted by: recon | Jan 3, 2009 7:17:47 PM

Who cares - Can you explain what you mean? I'm having a hard time making sense of your concerns.

Posted by: kat | Jan 3, 2009 3:44:58 PM

Obama will release his friends to fight again, to the cheers of harry "we surrender" reid and nancy " lets give illegal aliens the same rights as Americans" Pelosi

Posted by: who cares | Jan 3, 2009 2:42:25 PM

"Obama will fold like a wet noodle ..."

If he doesn't challenge the "enemy combatant" labeling, which has been used as a pretext to violate the terms of the Geneva Conventions.

Posted by: kat | Jan 3, 2009 2:29:22 PM

Obama will fold like a wet noodle ... and all the terrorist will get a stimulus package(house, welfare, and stamps) and an apology. I'm sorry I voted for him :(

Posted by: SFliberal | Jan 3, 2009 2:18:14 PM

Rosie- I hope the boldness of Obama's heritage does show itself in the presidency.

Posted by: kat | Jan 3, 2009 12:17:59 PM

Those who do not know, let me give you a piece of clue about the tribe where the Obama belongs.

First of all they are not "Bantu" they are "Nilotics". They are the toughest tribe next to Maasai in the continent.

Once they say "No" it means no. They are not afraid of anything. Straight forward people and they tell things as they are. Always abide the laws.

I do sense the Pres. elect is also like so. He is silent now but when he is sworn-in, things are going to change completely.

Posted by: Rosie | Jan 3, 2009 12:15:01 PM

"and explore computer hacking methods to disrupt bank records and the U.S. financial system"

Posted by: ghost | Jan 3, 2009 11:49:43 AM

Frankly Alice, a determination of whether Obama will act as President as he said he would has to wait until he IS President.

Posted by: JR | Jan 3, 2009 11:45:00 AM

jpt writes:
"President-elect Obama will have to decide whether his presidential actions will fall in line with his rhetoric as a candidate ... "

Uh, that ship sailed some time ago, didn't it, with the reconstitution of the Clinton administration?

Posted by: Alice Palmer | Jan 3, 2009 11:06:35 AM

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