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Obama Seeks Delay in case of 'Enemy Combatant' Held in US
AFP ^ | Jan. 22, 2009 | AFP

Posted on 01/23/2009 10:02:55 AM PST by Dubya-M-DeesWent2SyriaStupid!

WASHINGTON (AFP) — US President Barack Obama on Thursday signed an executive order asking the Supreme Court to delay a review of the case of Qatari national Ali al-Marri, the only "enemy combatant" detained on US soil.

"You have a legal resident (of the United States) who has been detained; he is clearly a dangerous individual," Obama told reporters as he signed an executive order pertaining directly to al-Marri's case.

"His case is currently before the Supreme Court. We have asked for a delay in ... going before the Supreme Court in dealing with this case, so that we can properly review the evidence against him," Obama said on his second day as president.

Lawyers for al-Marri, who has been held in a US military prison since 2003 without charge after then-president George W. Bush declared him an enemy combatant, filed briefs for the review on Wednesday, defense counsel Jonathan Hafetz told AFP.

"The government brief was due February 20 but we have already agreed, at the solicitor general's request, to a 30-day extension for that," Hafetz said, adding that he had not seen the executive order.

The 30-day delay would give the Obama administration until around March 20 to file briefs and the case would be reviewed by the Supreme Court in April, Hafetz said.

"We have agreed to that modest delay but would vigorously oppose any further delay that would push the case beyond the current Supreme Court term which ends in June," Hafetz said.

"This is someone who has been detained for five and a half years without charge in solitary confinement. The detention is plainly illegal and we are confident that upon review the Supreme Court will strike it down," he said.

(Excerpt) Read more at google.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Front Page News
KEYWORDS: agenda; alialmarri; almarri; bho44; bhogwot; chicagocell; enemycombatant; illinoiscell; marri; obamafiles; obamaterroristlawyer; obamatruthfile; obamsdefendsterror; scotus; secondwave
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This was reported yesterday and it did not make a splash in any news.
1 posted on 01/23/2009 10:02:57 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: NoObamaFightForConservatives

Send them all to Johnstown PA, so they can work off the pork that Murtha brings into his district.


2 posted on 01/23/2009 10:05:18 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: NoObamaFightForConservatives

Bush screwed up here. Instead of detaining them without a charge, he should’ve had the military simply push him out the back of the airplane on the way back to the states.

The media can’t report on what never arrived.


3 posted on 01/23/2009 10:06:21 AM PST by Slapshot68
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To: NoObamaFightForConservatives
MEMORANDUM FOR THE ATTORNEY GENERAL THE SECRETARY OF DEFENSE THE SECRETARY OF STATE THE SECRETARY OF HOMELAND SECURITY THE DIRECTOR OF NATIONAL INTELLIGENCE

SUBJECT: Review of the Detention of Ali Saleh Kahlah al-MarriI have today signed an Executive Order entitled Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities ("Review and Disposition Order"), which mandates a review, coordinated by the Attorney General, of the status of all individuals that the Department of Defense is currently detaining at the Guantánamo Bay Naval Base, in order to effect their prompt and appropriate disposition.

For more than 5 years, the Department of Defense has detained Ali Saleh Kahlah al-Marri as an enemy combatant in facilities within the United States. Al-Marri is the only individual the Department of Defense is currently holding as an enemy combatant within the United States.

Because he is not held at Guantánamo Bay, al-Marri is not covered by the review mandated in the Review and Disposition Order. Yet it is equally in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal basis for al-Marri's continued detention, and identify and thoroughly evaluate alternative dispositions.

Accordingly, I direct that a review of al-Marri's status ("Review") commence immediately. The Review shall be conducted with the full cooperation and participation of:

(1) the Attorney General, who shall coordinate the Review;

(2) the Secretary of Defense;

(3) the Secretary of State;

(4) the Secretary of Homeland Security;

(5) the Director of National Intelligence;

(6) the Chairman of the Joint Chiefs of Staff; and

(7) other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General with the concurrence of the head of the department or agency concerned.

The Review shall expeditiously determine the disposition options with respect to al-Marri and shall pursue such disposition as is appropriate, based upon the principles set forth in the Review and Disposition Order, including, in particular, sections 4(c) and 5 thereof.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

BARACK OBAMA

Click Here

4 posted on 01/23/2009 10:07:35 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Slapshot68

So this is one of those cases where a terrorist walks on a mere technicality with Obama as his attorney?


5 posted on 01/23/2009 10:09:40 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: NoObamaFightForConservatives

I have always felt the best policy for dealing with terrorists is no negotiations, no prisoners, no quarter. Never should have taken a single on into custody, they all should be standing face to floor with God (no way one of these guys could look God in the eye) trying to explain themselves.


6 posted on 01/23/2009 10:10:56 AM PST by rigelkentaurus
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To: Always Right

that is an excellent idear.


7 posted on 01/23/2009 10:11:28 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: NoObamaFightForConservatives

Have you hugged a terrorist today?


8 posted on 01/23/2009 10:13:59 AM PST by Califreak (What's black and white and red all over? My hero, Zero.)
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To: NoObamaFightForConservatives
Quis custodiet ipsos custodes?


9 posted on 01/23/2009 10:16:27 AM PST by Diogenesis
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To: NoObamaFightForConservatives

That is because now, he knows better than the Supreme Court. Amazing.


10 posted on 01/23/2009 10:16:49 AM PST by RC2
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To: NoObamaFightForConservatives

I do not think we should be able to just hold people without a charge for years, suspected terrorist or not.


11 posted on 01/23/2009 10:18:48 AM PST by autumnraine
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To: autumnraine
If you don't want enemy combatants held without trial, how would you handle prisoners during a war then? There were millions of enemy soldiers held in warring countries during World War II. Do you want them to get a court hearing or just be released into your own country in the middle of a war?

Granted, there is real legal confusion in these cases, since our Era has decided to fight many wars without _declaring_ a state of war. This is the current condition...

12 posted on 01/23/2009 10:33:15 AM PST by veracious
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To: veracious

That’s the dilemna we are up against.

It is a sticky situation, but I don’t think indefinite prison status is the answer either. We must figure out a new way to handle this type of ‘war’ combatants.


13 posted on 01/23/2009 11:25:47 AM PST by autumnraine
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To: Slapshot68
Bush screwed up here. Instead of detaining them without a charge, he should’ve had the military simply push him out the back of the airplane on the way back to the states. He was never captured by the military. Al Marri was captured in Peoria, Illinois [he has been in the states since 1983] and the FBI had a very serious interest in a steamer chest he had in his house.

He has a brother in Gitmo named Jaralla al-Marri.

14 posted on 01/23/2009 4:58:50 PM PST by piasa
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To: NoObamaFightForConservatives

MARCH 1, 2003 : (KSM IS CAPTURED IN THE HOME OF BACTERIOLOGIST ABDUL QADOOS KHAN- KSM SPILLS THE BEANS ABOUT AL MARRI BEING A SLEEPER AGENT - See ILLINOISCELL, ANTHRAX) I located that Newsweek article, dated June 16, 2003. In it are admissions made by Khalid Shaikh Mohammed (KSM), al-Qaida’s director of global operations, after his capture on March 1, 2003. KSM reportedly has revealed al-Qaida recruiting techniques. “Using ‘mosques, prisons and universities throughout the United States,’ according to [intelligence] documents, KSM reached deep into the heartland, lining up agents in Baltimore, Columbus, Ohio, and Peoria, Ill,” said Newsweek. “The Feds have uncovered at least one KSM-run cell that could have done grave damage to the United States.” The cell’s location was not named.
About al-Marri, Newsweek reported:
“During his interrogation, KSM identified a man named Ali S. Al-Marri as ‘the point of contact for AQ operatives arriving in the US for September 11 follow-on operations.’ KSM described Al-Marri as ‘the perfect sleeper agent because he has studied in the United States, had no criminal record, and had a family with whom he could travel.’... The Qatari national had returned to the United States on Sept. 10, 2001, to pick up a graduate degree in computer information systems from Peoria’s Bradley University.... Al-Marri’s apartment was filled with Islamic jihadist materials. His computer included bookmarked Web sites for hazardous chemicals, computer hacking and fake IDs, according to court documents. Bookmarks in an almanac marked entries for dams, reservoirs and railroads.” ———— The IL General Assembly: terrorist aides
Illinois Leader ^ | December 31, 2003 | JILL STANEK


15 posted on 01/23/2009 5:02:39 PM PST by piasa
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To: NoObamaFightForConservatives

May have been mentioned somewhere else....
Has Obama made any move to replace Federal Prosecutors? Could the delays he ordered have more to do with getting his prosecutors in place rather than “reviewing” each case?


16 posted on 01/23/2009 5:05:36 PM PST by Protect the Bill of Rights
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To: rigelkentaurus

It would be nicer if we could do that but the problem isn’t with holding terrorists prisoner, it is with our fellow Americans who are endowed with more sympathy than brains. The think that war is something that can be handled by Judge Judy.


17 posted on 01/23/2009 5:26:07 PM PST by piasa
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; justiceseeker93; ..
"You have a legal resident (of the United States) who has been detained; he is clearly a dangerous individual," Obama told reporters as he signed an executive order pertaining directly to al-Marri's case.

18 posted on 01/23/2009 7:52:28 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: piasa

could you post the link to that please?


19 posted on 01/24/2009 6:01:10 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: NoObamaFightForConservatives
The material in normal print is a quote and the source is at the bottom:

———— The IL General Assembly: terrorist aides Illinois Leader ^ | December 31, 2003 | JILL STANEK

I don't have an active link to that article any more.It's on FR somewhere and will probably come up in the archives on a title search on FR. I do have a link to the Newsweek article which it quotes:

www.newsweek.com/id/59672/output/print

Be advised the source only refers to the snippet of material in normal text, not the header info inside the parenthesis in bold caps. (This bold cap text is not a quote; it is just my note on currently known info from assorted sources and may or may not come from the sourced material in normal print below it.) It is followed by a few related keywords also that work in FR's search engine archives which will lead to more info on the KSM case.

If you need a link to an article which is a source of the info I paraphrased in bold caps that refers to the home in which KSM was captured:

MARCH 1, 2003 : (KSM IS CAPTURED IN THE HOME OF BACTERIOLOGIST ABDUL QADOOS KHAN- KSM SPILLS THE BEANS ABOUT AL MARRI BEING A SLEEPER AGENT - See ILLINOISCELL, ANTHRAX)

I think that you can find it in this Reuters article, among others- but I don't know who the third guy captured in the raid was though one souurce, Knight-Ridder, says it was Saif al Adel :

MARCH 1, 2003 early AM Saturday : (RAWALPINDI, PAKISTAN : THREE MEN ARRESTED IN RAID- A PAKISTANI NAMED AHMED QADOOS, AN UNNAMED "FOREIGN NATIONAL OF ARAB ORIGIN," KHALID SHAIKH MOHAMMED [KSM], & AN ARAB {SAIF AL ADEL?}- NOTE THAT QADOOS'S FATHER WAS A MICROBIOLOGIST WHO HAD WORKED FOR THE UN) Arrested by plainclothes Pakistani security agents who raided a house in the central city of Rawalpindi in a pre-dawn raid on Saturday, Mohammed was branded by Washington as one of al Qaeda leader Osama bin Laden's "most senior and significant lieutenants." ) ...The White House [later] said Mohammed, one of three al Qaeda suspects detained in the early morning swoop, was "a key al Qaeda planner and the mastermind of the September 11 attacks." Officials said the others were a Pakistani and a foreign national of Arab origin. ...
...No information was available on the second Arab held in the weekend raid.
The Pakistani was identified as Ahmed Qadoos. His family said he was arrested at about 3:30 a.m. on Saturday (2230 GMT on Friday) by armed security officials, who also took away a computer. No one else from the house was arrested.
"They shut family members in a room at gunpoint," his cousin Omar Khan told Reuters. "He is not linked with anything."
Ahmed [Qadoos] has a wife and two children and lived with his parents. His father is a retired microbiologist who had worked for the United Nations and had lived abroad, his mother is a member of one of Pakistan's most prominent Islamic parties. ------ "Pakistan Hands Sept 11 Mastermind to U.S.," by Tahir Ikram and Amir Zia, Reuters, 3/02/03 http://www.freerepublic.com/focus/news/854925/posts

It also comes from this article from The Australian:

MARCH 2003 : (RAWALPINDI, PAKISTAN : KSM IS CAPTURED IN A MICROBIOLOGIST'S HOUSE) When he [KSM] was captured last March [2003] in the house of a microbiologist in Rawalpindi, Pakistan, the paunchy 37-year-old was unshaven and wearing a baggy vest. He looked more like a down-and-out than one of the most dangerous men in the world. ...----------- "Al-Qa'ida 9/11 chief reveals US got off lightly," Sunday Times sources, The Australian, From The Sunday Times, March 29, 2004 http:/www.theaustralian.news.com.au/common/story_page/0,5744,9109388%5E28737,00.html

And it comes from this:

Khalid Mohammed was allegedly arrested in the home of an elderly bacteriologist, Abdul Qadoos Khan. KSM's laptop with undated anthrax spraydrying production instructions was allegedly found in the home. There is no indication, however, that Dr. Khan had the relevant skills to weaponize the product used in the second batch of mailings in the US. The family stridently denies even that KSM was arrested in the home.------ "No Attacks Since 9/11? Al Qaeda was way ahead of what the U.S. understood its expertise and potential to be.," By Cliff Kincaid, AIM, May 6, 2005

20 posted on 01/24/2009 6:48:17 PM PST by piasa
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