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[Tyrone Slothrop]

• 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.
  
  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.
  
  It ruled the government must allow al-Marri to be released from military detention.
  
  He is currently the only U.S. resident held as an enemy combatant within the U.S.
  
  Jose Padilla, another U.S. citizen, was held as an enemy combatant in a Navy brig for 3 1/2 years before he was hastily added to an existing case in Miami in November 2005, a few days before a U.S. Supreme Court deadline for Bush administration briefs on the question of the president's powers to continue holding him in military prison without charge.
  
  Al-Marri has been held in solitary confinement in the Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest at his home in Peoria, Ill., where he moved with his wife and five children a day before the Sept. 11, 2001, terrorist attacks to study for a master's degree at Bradley University.
  
  Al-Marri's lawyers argued that the Military Commissions Act, passed last fall to establish military trials after a U.S. Supreme Court ruling, doesn't repeal the writ of habeas corpus — defendants' traditional right to challenge their detention.

AP

eta: The decision is here:

http://pacer.ca4.uscourts.gov/opinion.pdf/067427.P.pdf

On pp 71-72, the court says: "[W]e can only conclude that in the case at hand, the President claims power that far exceeds that granted him by the Constitution. . . . The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention. Put simply, the Constitution does not allow the President to order the military to seize civilians residing within the United States and detain them indefinitely without criminal process, and this is so even if he calls them “enemy combatants.”" Good times.