The Supreme Court has agreed to take on a fresh review of the president's power to order military detention of people living in the United States. The Bush administration's policy of preventative detention for suspected terrorists is being challenged by Ali Saleh Kahlah al-Marri, a citizen of Qatar who was detained in 2001 during an FBI investigation into the attacks of September 11, 2001.
Al-Marri, represented by the American Civil Liberties Union, says he cannot be imprisoned without charge or trial. He was arrested in Peoria, Ill., and has been held in virtual isolation in a military detention facility for over five years.
The case will not be argued before March, meaning that President-elect Barack Obama will be in the White House and decisions about al-Marri will be made by him. During the presidential campaign, Obama repeatedly criticized President George W. Bush for being too aggressive in asserting executive authority.
For more about this case, read the Supreme Court Docket Ali Saleh Kahlah al-Marri, Petitioner v. John Pucciarelli, United States Navy Commander.