Posted on 02/26/2009 3:09:56 PM PST by mojito
WASHINGTON — The Justice Department is preparing to bring terrorism-related charges against an alleged al Qaeda follower imprisoned for more than five years in a step that would place the case in a civilian criminal court and eliminate the possibility of a trial before a military tribunal, government officials said Thursday.
The expected indictment against the prisoner, Ali Saleh Kahlah al-Marri, could signify an important shift in detainee policy because the Bush administration had long asserted that Mr. Al-Marri should be tried before a military tribunal and was not entitled to the protections afforded by federal courts.
The decision to move him to a civilian court allows the Obama administration to sidestep the issue for now; the Justice Department faced a March 23 deadline to file a brief with the Supreme Court saying whether it was continuing to hold to the Bush administration’s position that the government had the authority to detain a legal resident indefinitely without charge.
Mr. Al Mari, who is being held in a military brig in South Carolina, is the only person designated as an enemy combatant to be held in the continental United States. In a trial in a civilian court, Mr. al Marri would have many more legal options to challenge evidence against him than e would have before a military tribunal.
Justice Department officials declined to discuss the developments. But after taking office, President Obama ordered a review of the al-Marri case and the decision to charge him in federal court reflected the results of that review, officials said.
(Excerpt) Read more at nytimes.com ...
Big gamble by the O-child. If the gubermint loses the case, their whole strategy falls to pieces. Pretty high stakes, here. Or will the Obamateur just throw up his hands, say too hard, and let them all go?
Battlefields are not crime scenes, terrorists are not suspects, and unlawful enemy combatants do not get constitutional rights. This is madness. This is NOT sparta.
I think it is intended for the government to lose this case and those to follow.
Then they cannot be tried again by the military (double jeopardy) so Obama will be able to let them go claiming they are not guilty by virtue of their fair trial.
This gives him cover if (when) they come back to commit terrorist acts.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.