A step in the right direction for due process and habeus corpus.

Man labeled "enemy combatant" wins court case

WASHINGTON (Reuters) - President George W. Bush cannot order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative, the only person being held in the United States as an "enemy combatant," an appeals court ruled on Monday.

In a major setback for Bush's policies in the war on terrorism adopted after the September 11 attacks, the appellate panel ruled 2-1 the U.S. government had no evidence to treat Ali Saleh Kahlah al-Marri as an "enemy combatant." The court ordered him released from military custody.

"The government cannot subject al-Marri to indefinite military detention. For in the United States, the military cannot seize and imprison civilians -- let alone imprison them indefinitely," Judge Diana Gribbon Motz wrote.

Al-Marri has been held in a U.S. Navy brig in Charleston, South Carolina, for about four years without any charges.

The ruling sent the case back to a federal judge in South Carolina with instructions to direct the secretary of defense to release al-Marri from military custody within a reasonable period of time.

Here is SCOTUSblog on the ruling:

The panel majority ruled that Congress has not taken away the legal right of Ali Saleh Kahlah al-Marri to challenge his detention, thus limiting the reach of the Military Commissions Act's court-stripping provisions. "As an alien captured and detained within the United States," the Court said, "he has a right to habeas corpus protected by the Constitution's Suspension Clause." The Court said, though, that it was avoiding "difficult constitutional questions" about the MCA's court-stripping provision, finding that it could interpret the MCA to stay clear of those issues. It found that the MCA withdraws habeas only for those properly detained as enemy combatants, and it ruled that al-Marri's detention did not meet that test because of the lack of presidential authority.

The MCA is just the latest iteration in a string of attempts to limit habeus corpus, which goes back to 1996 when the Clinton Administration put the first limits on habeus corpus since Lincoln.

Don't worry, they're probably not after you. And if by strange occurence that changes, you always have recourse in the Chief Privacy Officer at Homeland Security. Don't forget to encrypt your messages to the CPO in case the guys down the hall are listening in.