Ali Saleh Kahlah al-Marri

ambox
type = notice


imageright =
text = This {1|article} documents an legal case.
Information may change rapidly as the case progresses.

Ali Saleh Kahlah al-Marri (b. 1966/1967?) is a citizen of Qatar who was arrested while studying at Bradley University in the United States. [http://www.cbsnews.com/stories/2003/06/23/attack/main559962.shtml Another 'Enemy Combatant'] , "CBS", June 23, 2003] He is currently detained at the U.S. Naval Consolidated Brig near Charleston, SC. Al-Marri is the only person known to be held as an enemy combatant on the United States mainland. In July 2008, the U.S. Court of Appeals for the Fourth Circuit upheld the government's right to hold Al-Marri as an enemy combatant, but also ruled that he was entitled to refute his detention in federal court.

Arrest

Al-Marri was arrested in December 2001 and held in civilian jails in Peoria, Illinois, and New York City as a material witness.

In 2002, Ali was charged with making false statements to the FBI and to financial institutions, identity fraud, and credit card fraud. [http://www.cbsnews.com/stories/2003/06/23/attack/main559962.shtml Another "Enemy Combatant"] , "CBS", June 23, 2003] Al-Marri was alleged to be in possession of more than 1750 credit card numbers, along with the names of the account holders, none of whom were Al-Marri. He was also alleged to be in possession of falsified identification documents. Additionally, he was alleged to have used a Qwest calling card to call a number in Dubai linked to the reputed Al Qaeda financier, Mustafa al-Hawsawi. After searching al-Marri's computer, folders were found labeled "jihad arena" and "chem", which (according to the government) contained information on hydrogen cyanide, a poisonous gas used in chemical weapons, along with lectures by Osama bin Laden and links to Web sites related to weaponry and satellite equipment.Ashcroft, John (2006), "Never Again: Securing America and Restoring Justice". New York: Hachette Book Group, ISBN 978-1-59995-680-0, pp. 165-167.]

Al-Marri's initial charges were dropped when President Bush classified him as an unlawful combatant in 2003. Unlike other foreigners, al-Marri was not transported to Guantanamo Bay but was transferred to a Naval brig in South Carolina. [http://www.cnn.com/2003/LAW/06/23/qatar.combatant Al Qaeda suspect declared 'enemy combatant'] , "CNN", June 24, 2003] .

Al-Marri was allowed access to legal counsel in October 2004. His lawyers report that al-Marri has described being subjected to extreme cold, with insufficient bedding and clothing. He has been deprived of all reading material, except a Koran. Unlike the cells at Guantanamo Bay, which all have an arrow painted on the floor that points toward Mecca, his guards reportedly decline to inform him of which direction is East. In addition to his cell's window being merely translucent (rather than transparent), he also claims to have no clock, preventing him from knowing the proper times to say his prayers. He has also reportedly been deprived of personal hygiene items. [http://hrw.org/english/docs/2005/08/08/usdom11612.htm Cruel Confinement of ‘Enemy Combatant’ in United States: Complaint Provides First Look at Isolation and Abuse] , "Human Rights Watch", August 8 2005] The lack of such items have reportedly also rendered him unable to pray as a result of ritual impurity.

Al-Marri reported that he has not been interrogated for a year. His lawyer sought to obtain protection for him through the writ of habeas corpus. [http://www.usatoday.com/news/washington/judicial/2004-10-04-court-terrorism_x.htm Supreme Court won't hear terrorism case] , "USA Today", October 4 2004] [ [http://www.usdoj.gov/osg/briefs/2003/0responses/2003-1424.resp.html Habeas corpus petition] , Ali Saleh Kahlah Al-Marri v. Donald H. Rumsfeld]

2002 memos

In October 2008 91 pages of memos drafted in 2002 by officers at the Naval Consolidated Brig, Charleston became public.cite news
url=http://www.cnn.com/2008/US/10/08/detainee.treatment/
title=Military concerned for detainees' sanity, records show
publisher=CNN
author=Carol Cratty
date=2008-10-08
accessdate=2008-10-08 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cnn.com%2F2008%2FUS%2F10%2F08%2Fdetainee.treatment%2F&date=2008-10-09 mirror] ] cite news
url=http://i.cdn.turner.com/cnn/2008/images/10/08/aclu.foia.doc.pdf
title=2002 Navy Consolidated Brig emails about the captives' mental health
publisher=Department of DefenseJosé Padilla (prisoner)
date=2002
accessdate=2008-10-09 [http://www.webcitation.org/query?url=http%3A%2F%2Fi.cdn.turner.com%2Fcnn%2F2008%2Fimages%2F10%2F08%2Faclu.foia.doc.pdf&date=2008-10-09 mirror] ] The memos indicate that officers were concerned that the isolation and lack of stimuli was driving Ali Saleh Kahlah al-Marri, Yasser Hamdi and José Padilla insane.

Enemy combatant

On Nov. 13, 2006, the U.S. Department of Justice asserted in a six-page motion with the U.S. Court of Appeals for the Fourth Circuit that, according to the Military Commissions Act of 2006, al-Marri should be tried in a military tribunal as an enemy combatant rather than in a civilian court.cite web
url=http://jurist.law.pitt.edu/pdf/al-marrimotiontodismissforlackofjurisdiction.pdf
title=Al Marri v. Wright
publisher=Department of Justice
accessdate=2007-06-11] cite news
url=http://jurist.law.pitt.edu/paperchase/2006/11/doj-asserts-mca-bars-enemy-immigrants.php
title=DOJ asserts MCA bars enemy immigrants, Gitmo detainees from judicial review
publisher=The Jurist
date=November 14, 2006
accessdate=2007-06-11] cite news
url=http://news.findlaw.com/nytimes/docs/almarri/almarriwright61107opn.pdf
title=Al Marri v. Wright
publisher=United States Department of Justice
author=Diana Gribbon Motz
date=
accessdate=2007-12-13] The document begins with:

After a long legal battle the previously classified justification for Al Marri's detention was made public."Feds release al-Marri documents: Declassified papers detail alleged al-Qaida links, orders", "Peoria Journal Star", April 12 2004] On September 9 2004 Jeffrey N. Rapp, director of the Joint Intelligence Task Force for Combating Terrorism submitted a 16 page sworn statement containing many allegations against Al Marri. Among the allegations:
*Al Marri was to hack into the US banking system, and "to wipe out balances and otherwise wreak havoc with banking records in order to damage the U.S. economy."
*Investigator had found information about Hydrogen Cyanide on Al Marri's laptop... "The highly technical information found on al-Marri's laptop computer far exceeds the interests of a merely curious individual."

On June 11, 2007, in "al-Marri v. Wright", the Fourth Circuit Court of Appeals ruled that the Military Commissions Act doesn't deny al-Marri his constitutional rights to challenge his accusers.cite news
publisher=BBC
url=http://news.bbc.co.uk/2/hi/americas/6742535.stm
date=Monday, June 11, 2007
title=US 'cannot hold enemy combatant'
accessdate=2007-06-11] The court ruled that al-Marri must be released from military detention to either be freed or to be placed in US civilian detention where the federal government would have to charge him with crimes.cite news
url=http://www.bloomberg.com/apps/news?pid=20601087&sid=aaY5Qjoet_uI&refer=home
title=Enemy Combatant Can't Be Held by Military, Court Says (Update2)
author=Robert Schmidt
publisher=Bloomberg
accessdate=2007-06-11] The court held an en banc rehearing of the ruling on October 31, 2007. In its decision issued on July 15, 2008 the Court voted 5-4 that if the Government's allegations are true, al-Marri can be held in military detention indefinitely as an enemy combatant, but he has not received sufficient due process to determine if these allegations are in fact true. [ [http://brennan.3cdn.net/ecf7038f9904ac8632_5vm6bfbbj.pdf Decision on Rehearing En Banc] , United States Court Of Appeals For The Fourth Circuit] The case is allowed to return to trial court but no particular proceedings have been specified.

ee also

*Jarallah al-Marri, his brother, former detainee at United States Guantanamo Bay Naval Base in Cuba.
*Jose Padilla formerly held as an enemy combatant in the Continental U.S.
*Yaser Esam Hamdi, former U.S. citizen who was held as an enemy combatant in the Continental U.S. "see" Supreme Court ruling Hamdi v. Rumsfeld

References

External links

* [http://www.brennancenter.org/content/resource/al_marri_v_pucciarelli Case information] of defense lawyers; Brennan Center for Justice at New York University
*Adam Liptak, [http://www.nytimes.com/2007/01/05/washington/05terror.html "In War of Vague Borders, Detainee Longs for Court"] , New York Times, January 5, 2007.
*cite news
url=http://www.usatoday.com/news/washington/2008-05-24-505344269_x.htm
title=US residents in military brigs? Govt says it's war
publisher=Associated Press
author=Matt Apuzzo
date=May 24 2008
accessdate=2008-05-24
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fap.google.com%2Farticle%2FALeqM5gZEpzY9h9nC5_bSUnGp_wuaB7b3AD90S1R3O0&date=2008-05-24 mirror]
*cite news
url=http://www.brennancenter.org/content/resource/discredited_yoo_memos_led_to_enemy_combatant_detainment_and_denial_of_habea/
title=Discredited Yoo Memos Led to “Enemy Combatant” Detainment and Denial of Habeas Corpus
publisher=Brennan Center for Justice
date=April 8 2008
accessdate=2008-05-25
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.brennancenter.org%2Fcontent%2Fresource%2Fdiscredited_yoo_memos_led_to_enemy_combatant_detainment_and_denial_of_habea%2F&date=2008-05-25 mirror]
* [http://publicservice.evendon.com/AlMarri_v_PicciarelliM.htm "7-2008 4th Circuit Opinion in Convenient Form]