As Atty. Gen. Michael Mukasey busily works to bury the abuses of the Bush administration, the Supreme Court may be getting ready to hand President George W.
“„A 5-4 majority on the 4th Circuit [Court of Appeals] said the allegations, if true, were a sufficient basis for the president to detain al- Marri as an enemy combatant. A separate 5-4 majority said al- Marri hadn’t been given a sufficient opportunity at the trial court level to challenge that designation.
“„“We are pleased that the Supreme Court has accepted Mr. al-Marri’s case for review. The president has deviated from the principles on which the United States and its Constitution were founded: that individuals cannot be imprisoned for suspected wrongdoing without being charged with a crime and tried before a jury. We are confident that upon review, the court will strike down this radical — and unnecessary — departure from our nation’s most basic values.”
“„President-elect Barack Obama’s legal team now must decide whether to follow President Bush’s lead and argue in favor of broad presidential power at the high court. The new administration could instead shift al-Marri to civilian custody for criminal prosecution or try to repatriate him to his native Qatar.
“„“They’ll have to decide fairly quickly whether they intend to defend the government’s position and the 4th Circuit’s decision,” said Stephen Vladeck, a professor who teaches national security law at American University in Washington.