Robert Parry on our fragile republic

robert parry writes on just how precarious the decision on al-marri really is and how bush might still have his claim to unfettered power upheld in the courts...

By a two-to-one margin, a federal appeals court has repudiated George W. Bush’s right to snatch a civilian off the streets of America and hold the person indefinitely without trial. But the makeup of the three-judge panel was a fluke, with two Clinton appointees comprising the majority.

The proportion of Republican appointees to Democrats on the full U.S. Court of Appeals in Richmond, Virginia, is the opposite, eight-to-four Republican. So, the Bush administration retains high hopes that the full court will agree to review the case of Ali al-Marri and grant the President the authority he wants.

The case, which tests the limits of Bush’s claims to “plenary” – or unlimited – powers as Commander in Chief, eventually is expected to reach the U.S. Supreme Court where Bush has four of nine justices solidly in his corner – Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito.

Assuming the roster of the Supreme Court remains the same, the swing vote is expected to be Justice Anthony Kennedy, who is considered a loyal Republican – the author of the December 2000 ruling awarding Bush the White House – but who has objected to some elements of Bush’s expansive presidential authority.

[...]

Civil libertarians hailed the al-Marri ruling as a significant defeat for Bush’s vision of an imperial presidency. But the fragility of the judicial consensus holding the line against the President's "plenary" powers signals that the battle to sustain the Founders’ vision of a Republic based on the rule of law and recognizing “certain unalienable rights” is far from over.

i was extremely gratified to see any court anywhere in the land standing up for our constitution and the historical principles of our judicial process, something it seems that the bush administration is dead-set on destroying... no, we aren't out of the woods, not by a long shot, but a step at a time is better than nothing...

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Four years in military custody as an "enemy combatant" without being charged gets whacked

hot damn...! the courts are coming out of their shell and starting to uphold the constitution and demonstrate the real value of our founders' insistence on separation of powers...

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.

The government can transfer al-Marri to civilian authorities to face criminal charges, initiate deportation proceedings, hold him as a witness in a grand jury proceeding or detain him for a limited period of time under the Patriot Act, an anti-terrorism law.

i've just violated the fair-use rule by taking the entire nyt story, but, i gotta tell ya, this is HUGE... with recent events in guantánamo, powell speaking out yesterday, and now this, maybe there's some momentum building to get our country on track... this is good news... VERY good news...

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