In a recent post, Al Saleh Kalah Al-Marri Indicted On Al Qaeda Related Charges we pointed out that now that the Federal government has decided to charge Al-Marri in a civilian court it was moving to dismiss the case before the Supreme Court challenging his detention without charges. The Supreme Court granted the government’s motion, Friday. As we pointed out this will prevent a precedent from being set and allow the government to again, in the future, hold an alleged enemy combatant in this country under military auspices without trial.

The government, according to The Daily Five indicted Al Saleh Kahlah al-Marri for allegedly giving material support to Al Qaeda. Al-Marri, a native of Qatar was arrested in the United States and imprisoned on a naval brig for 5 1/2 years. The Bush administration considered him an enemy combatant and refused to try him. His detention and imprisonment without being charged is currently set to be heard by the Supreme Court next month. Perhaps it is to avoid a Supreme Court decision that the Obama administration indicted him in Illinois.

Al-Marri first came to the United States to attend Bradley University in Peoria, Illinois. He graduated in 1991 and returned to Qatar. He came back to the United State on September 10, 2001 with his family to get a graduate degree from Bradley. He was arrested by the government and held as a material witness in the 9/11 attack. He was indicted on credit card charges and for lying to the FBI. In 1993 President Bush declared him a enemy combatant and transferred him to military custody. Since then he has been held in a military brig off the coast of Charleston, South Carolina.

“This indictment is an important step toward restoring the rule of law and is exactly what should happen when the government suspects an individual of terrorist acts,” ACLU lawyer Jonathan Hafetz who represents him. Attorney General Eric Holder is quoted in thge New Yorker as saying: “This indictment is an important step toward restoring the rule of law and is exactly what should happen when the government suspects an individual of terrorist acts,”

In al-Marri’s habeas matter the government is trying to avoid a decision which may apply to other enemy combatant who may be arrested in the future while legally in this country by moving to dismiss the case in the Supreme Court as moot. Al-Merri is the only enemy combatant currently housed in the United States or who was in this county legally at the time of his arrest.