A federal appeals court has ruled the Bush administration does not have the authority to hold a civilian indefinitely in military detention.
The plaintiff, a suspected terrorist captured within the United States, has a right to habeas corpus, according to the ruling (PDF) today by the 4th U.S. Circuit Court of Appeals.
The suspect, Ali Saleh Kahlah al-Marri, must be released in a reasonable time period, the court said. However, the court said he can be turned over to civilian prosecutors to be tried on criminal charges.
“The president’s constitutional powers do not allow him to order the military to seize and detain indefinitely al-Marri without criminal process,” the court said.
The ruling is a major blow to the Bush administration’s assertion of broad powers to fight terrorism, according to the Washington Post.
Jun 11, 2007 7:10 PM CDT