Friday, November 14, 2008
Al-Marri was a Qatari national lawfully residing in the U.S. when he was arrested and turned over to military authorities. He has been detained without charge for more than five years in a South Carolina Navy brig. I previously posted on this here and here; WaPo reports on the most recent developments here.
Several new briefs have been filed; they're well worth a look for arguments on and analysis of executive authority to indefinitely detain individuals lawfully in the U.S. without charge. Petitioner Al-Marri filed his Reply to the government's opposition to cert. on Monday; Professors of Constitutional Law and of the Federal Courts filed an amicus brief; and Former Federal Judges and Former Senior DOJ Officials filed an amicus brief. (Many thanks to the ACLU for collecting appellate filings in the case here.)
The Fourth Circuit en banc decision is here.