Fourth Circuit Rules al-Marri Must be Released from Military Detention
Jun-11-07 03:35 pm
Ali Saleh al-Marri
The Fourth Circuit Court of Appeals ruled in a 2-1 decision that Ali Saleh al-Marri must be released from military detention. The opinion can be found here.
An analysis will follow-- but for now I would encourgage you to take a look at Marty Lederman's excellent posts over at Balkinization and quote Judge Diana Gribbon Motz's concluding comments from the majority opinion:
In an address to Congress at the outset of the Civil War, President Lincoln defended his emergency suspension of the writ of habeas corpus to protect Union troops moving to defend the Capital.Lincoln famously asked: “[A]re all the laws, but one, to go unexecuted, and the government itself to go to pieces, lest that one be violated?” Abraham Lincoln, Message to Congress in Special
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