老澳门开奖结果

This week's New Yorker features a about the 老澳门开奖结果's case on behalf of Ali al-Marri, which will be heard by the Supreme Court in April, barring any Obama administration actions like dropping the "enemy combatant" classification and reclassifying, charging him as a civilian, and renouncing the asserted executive detention power.

Mayer writes of the al-Marri case to frame the larger puzzle the Obama administration now faces: how to handle the detainees left to him by President Bush, and how those actions will (or will not) square with our current president's declarations against indefinite detention:

The Obama Administration鈥檚 strategy in the Marri case will almost certainly establish legal principles that will have ramifications for future cases, as well as for the two hundred and forty or so similarly designated 鈥渦nlawful enemy combatants鈥� held in the military prison at Guant谩namo Bay, Cuba. During the Bush years, the designation encompassed not just members of Al Qaeda and the Taliban but also anyone who associated with them, supported them, or supported organizations associated with them, even if unwittingly. In 2004, a Bush Administration lawyer told a judge that, in theory, an enemy combatant could even be 鈥渁 little old lady in Switzerland鈥� whose charitable donations had been channelled, without her awareness, to Al Qaeda front groups.

Mayer discusses the specter of the creation of a national security court to deal with the remaining Gitmo detainees and al-Marri. , but don't just take our word for it 鈥� Mayer gives voice to some excellent rebuttals to the need for such a court:

James Benjamin, a former federal prosecutor in the Southern District of New York鈥�co-wrote a review of the Marri case, characterizing the switch to military detention as counterproductive. 鈥淒efinitely, the criminal-justice system can handle someone like Marri,鈥� he told me. 鈥淭hey caught him under the criminal-justice system. And, based on what we know, they were poised to convict him.鈥� What happened to Marri before he was moved 鈥減roves the system was up to it.鈥�

Marty Lederman, a former Georgetown Law professor, whom Obama has appointed to be a deputy in the Justice Department鈥檚 Office of Legal Counsel, argues that the Bush Administration鈥檚 claims to be acting out of necessity were 鈥渘onsense.鈥� In an essay published before he joined the Administration, Lederman wrote, 鈥淓ven if everything the government alleges about al-Marri鈥檚 ties to al Qaeda are true,鈥� he was not a danger 鈥渂ecause he was already incapacitated鈥攊mprisoned鈥攚ithin the criminal-justice system, where his trial was pending.鈥�

Lederman's piece can be found in its entirety . You can also read 18 friend-of-the-court briefs filed on behalf of al-Marri that argue in favor of the 老澳门开奖结果's position here.

When President Obama issued the executive order (PDF) asking the Supreme Court to grant the government a 30-day extension to file its brief in the al-Marri case, we took it as a good sign that the new administration is thoroughly reviewing the previous administration's claim that a U.S. resident can be detained indefinitely without trial. We hope President Obama disagrees with that assertion, and returns al-Marri's case back to a federal court, which is where it started, and where it belongs if the government is going to continue to detain him.