Posted by Orin Kerr:
Al-Marri Indicted:
http://volokh.com/archives/archive_2009_02_22-2009_02_28.shtml#1235687779
[1]The New Yorker is reporting that that Ali Saleh Kahlah al-Marri,
the alleged Al Qaeda �sleeper agent," has been indicted in federal
court. As I[2] blogged back in December, when the Supreme Court
granted cert in al-Marri's case, bringing criminal chargesis a smart
move:
They should charge Al Marri in federal court and try to get a
conviction with a long sentence to avoid [the constitutional issues
involved in his detention] for as long as possible. Such a choice
would reinforce to the Justices that there's a new Executive
Sheriff in town; it would look good to the world; it would make
civil libertarians happy; it would keep Al Marri off the streets;
and it would avoid litigation a battleground that the new
administration didn't choose and presumably would rather have
avoided in the first place. Perhaps these issues will come up again
down the road, but maybe they won't: No need to fight a battle like
that now.
Now the interesting question is whether the Supreme Court will end
up dismissing the case or rather will vacate the lower court decision
and remand; the former would leave the Fourth Circuit decision on the
books and the latter would not. (h/t: NabokovProdigy)
References
1.
http://www.newyorker.com/online/blogs/newsdesk/2009/02/almarri-indictment-today.html
2. file://localhost/var/www/powerblogs/volokh/posts/1235687779.html
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