Constitutional Suicide by Mark Silverberg

"Last week, the 4th U.S. Circuit Court of Appeals ruled in the case of al-Marri vs. Wright that a terrorist lawfully in the U.S. cannot be detained as an enemy combatant without a trial if he never fought against U.S. forces on a foreign battlefield or if he was not sent to the U.S. by the government of a nation with whom we are at war. Since al Qaeda is a transnational organization responsible to no government, Ali al-Marri, a resident alien and an al Qaeda sleeper agent operating in the U.S. could not be held as an enemy combatant in this country even though he was 'engaged in conduct that constituted hostile and war-like acts including conduct in preparation for acts of international terrorism.'"

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