Ruling In Favor Of An Enemy Combatant?

We'd prefer to think of it as a ruling in favor of the Constitution. AP (06.11.07):

"The Bush administration cannot legally detain a U.S. resident it suspects of being an al-Qaida sleeper agent without charging him, a divided federal appeals court ruled Monday.

'To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution — and the country,' the court panel said.

Court Rules in Favor of Enemy Combatant

"In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court." From the opionion. Al-Marri v. Wright (06.11.07):

"For a court to uphold a claim to such extraordinary power would do more than render lifeless the Suspension Clause, the Due Process Clause, and the rights to criminal process in the Fourth, Fifth, Sixth, and Eighth Amendments; it would effectively undermine all of the freedoms guaranteed by the Constitution."

Al-Marri v. Wright

"We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic."

Dear George and Dick:

Bite us.

Love,

The Court