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Federal judge orders al-Marri to remain in prison pending trial

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A US magistrate judge in South Carolina ruled Wednesday that suspected al Qaeda operative Ali Saleh Kahlah al-Marri must remain in prison as the criminal case against him proceeds. Judge Robert Carr denied al-Marri's request to be freed on bail, finding that he had failed to prove that he was not a danger to the community, despite his lawyer's assurance that he could be placed in a secure location until his trial. Al-Marri is scheduled to be arraigned in federal court in Illinois on Monday. It is unclear when he will be transferred from South Carolina. Last week, the US Supreme Court granted a motion by the US government to dismiss as moot an appeal challenging al-Marri's indefinite detention, following the Obama administration's decision to try al-Marri in US federal court. Al-Marri was indicted earlier this month on two charges of providing material support to al Qaeda and conspiring with others to provide material support to al Qaeda. In January, shortly after taking office, President Barack Obama ordered an immediate review of al-Marri's detention. Al-Marri was arrested at his home in Peoria, Illinois by civilian authorities in 2001, and was indicted for other crimes. In 2003, then-President George W. Bush declared him an enemy combatant and ordered the attorney general to transfer custody of al-Marri to the defense secretary, claiming inherent authority to hold him indefinitely.

Full post as published by JURIST - The Paper Chase on March 18, 2009 (boomark / email).