NEW YORK, Feb. 28, 2009
Al-Marri Attorney: It's The Constitution
CBS Evening News: ACLU Lawyer Talks About Client, Held For More Than Three Years Without Charge
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Play CBS Video Video 9/11 Suspect Faces New Fate President Obama has overturned a controversial policy allowing suspected al Qaeda operatives to be held indefinitely without charges. Michelle Miller reports.
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Video Gitmo Detainee In Limbo Binyam Mohamed remains at Guantanamo Bay, despite having all charges against him dropped last October. As Sheila MacVicar reports, he claims he confessed to being a terrorist only after he was brutally abused and tortured.
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Video Guantanamo Tape Released For the first time, an interrogation tape of a detainee at Guantanamo Bay has been released to the public. David Martin reports.
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Ali al-Marri has been held, without charge, on a U.S. naval brig for more than three years. The Obama administration recently announced charges and said he would be tried in a civilian court. (CBS)
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"This is an important step in restoring rule of law in America," Hafetz told CBS News at his Manhattan office at the American Civil Liberties Union. "He will finally get his day in court.
Hafetz's attitude stems from the unique circumstances of the case against Ali al-Marri, 43, an alleged al Qaeda operative from Qatar who has spent the past five-and-half years in solitary confinement in the U.S. naval brig in Charleston, S.C., without any charges levied against him.
"The key point is that in America, for 230 years, when we accuse people of wrongdoing, even acts of terrorism, we bring them to trial in our civilian courts. We don't lock them in Navy brigs and throw away the key," Hafetz says.
President Barack Obama reversed one of the most controversial Bush administration policies in the legal war on terror Friday by ordering an end to the indefinite detention of so-called "enemy combatants" on U.S. soil.
The Justice Department announced a new, two-count indictment against al-Marri for allegedly conspiring to provide and for providing material support for al Qaeda, the terrorist organization responsible for the Sept. 11, 2001, attacks on America that left nearly 3,000 people dead.
"Once the President has the power to declare someone 'the enemy,' whether it's acting on behalf of al Qaeda, another terrorist organization, or even any other criminal act, we've basically eliminated the most sacred protections under our system of government: the right to be presented before a jury, the right to be tried before a court of law," Hafetz says.
All along, attorneys for al-Marri and a pair of earlier "enemy combatants" detained on U.S. soil, Yasser Hamdi and Jose Padilla, argued that their clients should be charged with crimes or released.
Hamdi, a Saudi who by virtue of his birth in Louisiana held dual U.S. citizenship, was deported back to Saudi Arabia in 2004.
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Padilla, from Chicago, once accused of plotting to detonate a radioactive "dirty bomb" in an American city, was held as an enemy combatant for three-and-half years, eventually charged with terrorism conspiracy in 2005, transferred to federal court in Miami, where he once lived, and convicted in a jury trial in 2007.
The key point is that in America, for 230 years, when we accuse people of wrongdoing, even acts of terrorism, we bring them to trial in our civilian courts. We don't lock them in Navy brigs and throw away the key
Jonathan Hafetz, ACLU attorneyAl-Marri's long road to the criminal justice system actually began there seven-and-half-years ago.
He arrived in the U.S with his wife and five kids on Sept. 10, 2001, the day before the attacks, and enrolled in a computer science graduate program at Bradley University, in Peoria, Ill., where he'd earned a college degree a decade earlier.
But federal agents suspected al-Marri might be involved in plotting a "second wave" of attacks and arrested him in December 2001 as a material witness in the 9/11 probe. Later, the government levied criminal charges for allegedly possessing stolen credit card numbers and making false statement to investigators.
In court papers, the government said his computer contained files on critical U.S. infrastructure, like chemical plants, and lectures by Osama bin Laden, and in open court, a prosecutor once referred to al-Marri as an al Qaeda sleeper agent.
Prosecutors said a calling card belonging to al-Marri was used repeatedly to call a number in Dubai belonging to Mustafa al-Hawsawi, an al Qaeda facilitator who had wired tens of thousands of dollars to the 9/11 hijackers. (Al-Hawsawi is now among the "high value" detainees at the U.S. naval base at Guantanamo Bay, Cuba.)
In June 2003, right before al-Marri's scheduled trial for credit card fraud in Illinois, President Bush withdrew the case and transferred al-Marri to military custody.
David Rivkin, who served in the Justice Department under the first President Bush and in the Reagan administration, says the move was justified.
"Unfortunately, in this war, America is very much the battlefield. It was in the United States that we were attacked on Sept. 11th. It is here that our enemies are seeking to attack us again and again," Rivkin says.
The Bush administration consistently argued that declaring enemy combatants was within the president's constitutional powers as commander-in-chief.
"Remember this is something that is also supported by the Authorization to Use Military Force," Rivkin says, referring to the vote to retaliate against the perpetrators of 9/11 by Congress one week after the attacks.
But numerous, former military and government officials, from Clinton administration Attorney General Janet Reno to former Reagan FBI Director William Sessions, say the move was unconstitutional and filed briefs with the Supreme Court supporting al-Marri.
In a recent telephone interview with CBS News, one of al-Marri's brothers, Naji, also educated in the U.S., said Ali has a right to defend himself.
"I am not asking, 'Free Ali.' I am not asking to take Ali and send him back home," he continued. "All I am asking is to put my brother in court. Let's see if the guy is guilty or not."
Naji added that he doesn't believe Ali is a member of al Qaeda.
"If somebody want to do something, why he took his family with him?" Naji says. "If they have something -- prove it."
No date has been set for al-Marri's first court appearance. He is yet to be transferred from the military brig to a civilian jail.
The Supreme Court, which was due to hear arguments in April about the legality of al-Marri's military detention, must approve the Obama administration's application to move al-Marri. The administration has also asked high Court to cancel the arguments, saying the case is moot. Hafetz disagrees.
He says, "This is a fundamental issue in American constitutional law and it is imperative that the Supreme Court after years of litigation in this case and the Padilla case make clear that this type of indefinite military detention is not an option is not a choice."
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See all 41 CommentsYou kill Americans you are released to kill again. and again.
Not if you are properly found guilty (as a terrorist). Most states and the Federal Government no longer have parole for murder.
Posted by miller51550 at 12:56 PM : Mar 1, 2009
Posted by Charlieot2 at 2:13 PM : Mar 1, 2009
Well said.
These Conservatives just don't understand that the laws we have are what make us Americans. If we do as they want we become something else, something else.
One of the greatest threats this country has ever faced is the rise of Right Wing Extremisim. It is as great a threat if not greater than the terroists themselves.
These people would abandon the Constitution because of their fear.
These people will destroy this country before the terrorist do because they are afraid.
Agreed.
Why is it that anyone not a citizen of the United States is GIVEN civil rights?? If we go to any country of the world... we have not civil rights under their laws.
Because our Constitution dictates that non-citizens are protected by that Constitution when in our custody. Other countries' laws are irrelevant.
Is it because we have more laws, more lawyers, more compassion.
See above...we have a Constitution which dictates it.
Blowing ones self up as a weapon, killing civilians, dishonorably killing US military with human bombs.
Yes, they do kill civilians. Military personnel are legitimate targets in a war, whether we like the tactics is irrelevant. I haven't seen that suicide bombing is against the rules of war.
Americans fail to see that this is a different TYPE OF WAR.. where there are criminal minds at work believing in a religion that is to TAKE OVER THE WORLD.
They believe their religion should take over the world; a far cry from many others who practice the same religion.
Our country has water boarded individuals to gain infomation which is not part of the Geneva convention... BUT guess what ... we learned it from other COUNTRIES treatment of our solders.
Other countries' treatment is irrelevant; we hold ourselves to different, higher standards.
Beheading wifes, daughters, enemies is a form of the Muslim religion,they see nothing wrong with that. Is this a form of torture.
It is a tactic of our enemy, not specifically Islam and yes, it is torture.
Letting potential enemies return to the War is down right dumb... but if you support the Muslim way of life/religion or feel a connection to what they hope to accomplish... then YOU are part of the problem not part of the solution.
Lumping all Muslims into the category is dumb and is a huge part of the problem; it removes any incentive for other Muslims to help or support us.
In the world prisons are meant to be punshiment for crimes. Here in the United States you have civil liberties and LIVE BETTER than the poor in America.
This makes no sense.
Justice the American Way.
You kill Americans you are released to kill again. and again.
Not if you are properly found guilty (as a terrorist). Most states and the Federal Government no longer have parole for murder.
Posted by miller51550 at 12:56 PM : Mar 1, 2009
Justice the American Way.
You kill Americans you are released to kill again. and again.
Posted by miller51550 at 12:56 PM : Mar 1, 2009
Most republicans like to pretend that George Bush didn't release most of the GITMO detainees without convicting them of anything. Or trying them in a court of law.
So we will never know whether they were terrorists before they were incarcerated. But we can be pretty sure that they are terrorists now.
Thank you George Bush and the republican party.
America is a totalitarian state run for the benefit of the rich. The two party system is intended to make the gullible think there is some kind of alternative, when in fact any thinking person can see we have monolithic rule. Only fools believe they have any rights--you only have rights if the rich feel the need for better publicity.
Posted by gold_standard at 12:49 PM : Mar 1, 2009
Someone once said "The Constitution is just a piece of paper" that person was George W. Bush
Democracy is the worst form of government except for all the others that have been tried
Winston Churchill
The playing field is definitely tilted in favor of the rich. However, there is more opportunity in this country than any other place on earth now or at any time in the past.
The people that have caused the problems in this country are cowards, if they sense weakness they will attack relentlessly. If you stand your ground and push back you will discover that there is nothing there.
Take a look at the way the National Socialist Party worked in the 1930's. Read the writings of Joseph Goebbles. Karl Rove, George Bush and company have clearly read these things and used the same tactics.
They are full of platitudes and fake courage. If you allow them to win you will live in a world of ignorant fascist beasts. It is difficult because they appeal to the basest instincts of the masses. And it is very effective
Wittness the Sarah Palin crowds shouting "Kill him!" " He's a terrorist".
The republican party proposed NOTHING. The only think they did was attack character.
They have no plans, no ideas, no conscience no reasoning.
They have beliefs and hate.
Why is it that anyone not a citizen of the United States is GIVEN civil rights?? If we go to any country of the world... we have not civil rights under their laws.
Is it because we have more laws, more lawyers, more compassion.
Blowing ones self up as a weapon, killing civilians, dishonorably killing US military with human bombs.
Americans fail to see that this is a different TYPE OF WAR.. where there are criminal minds at work believing in a religion that is to TAKE OVER THE WORLD.
Our country has water boarded individuals to gain infomation which is not part of the Geneva convention... BUT guess what ... we learned it from other COUNTRIES treatment of our solders.
Beheading wifes, daughters, enemies is a form of the Muslim religion,they see nothing wrong with that. Is this a form of torture.
Letting potential enemies return to the War is down right dumb... but if you support the Muslim way of life/religion or feel a connection to what they hope to accomplish... then YOU are part of the problem not part of the solution.
In the world prisons are meant to be punshiment for crimes. Here in the United States you have civil liberties and LIVE BETTER than the poor in America.
Justice the American Way.
You kill Americans you are released to kill again. and again.
America is a totalitarian state run for the benefit of the rich. The two party system is intended to make the gullible think there is some kind of alternative, when in fact any thinking person can see we have monolithic rule. Only fools believe they have any rights--you only have rights if the rich feel the need for better publicity.
if the prosecutor has good and tangible proof that is enough for the detainee to await a trialit is up to his lawyer to accelerate the court date.
If this guy is guilty he will spend the rest of if life behind bars or worse, if not he will be paid for the time he spent in jail unlawfully.
what else do you want.the story of the 9/11 attack is far to be finished, it is still a work and investigation in progress
Posted by zgomer at 9:47 AM : Mar 1, 2009
zgomer...
I agree with you 100%....once they have been properly tried and convicted by our legal system. To do less betrays the very principles upon which this country was founded; I for one, will never advocate abandoning our principles to defend our principles...
Posted by Charlieot2 at 11:45 AM : Mar 1, 2009
I agree, use the courts, that is the way it is done in America.
Posted by zgomer at 9:47 AM : Mar 1, 2009
zgomer...
I agree with you 100%....once they have been properly tried and convicted by our legal system. To do less betrays the very principles upon which this country was founded; I for one, will never advocate abandoning our principles to defend our principles...
WE BECAME NO BETTER THEN THE TERRORISTS
Posted by pythoncharly
why don't you tell that to daniel pearl's wife and kids face to face
Posted by sbbm-2009 at 10:51 AM : Mar 1, 2009
Torture is a War Crime. We prosecuted and convicted Japanese soldiers for the exact acts which you advocate.
Is it your position that torture is what brave and moral men do?
It that your vision of an American Hero?
Where a group of men tie a human being down and torture him?
Ask John McCain if torture is an American Value.
Ask John McCain if torture works.
These acts that you support are the antithesis of the values expressed in the Constitution of the United States.
You should be ashamed.
Posted by zgomer at 9:47 AM : Mar 1, 2009
AND YOU ARE A COWARD.
When the World Trade Center burned I watched it happen from my office front steps.
The ashes from the fire fell on my front lawn. We had armored vehicles in the street and the US Army carrying automatic weapons everywhere. F14's flew overhead all day every day.
I work in Manhattan and during the work day I was able to smell the decaying bodies that had not yet been recovered.
We are a nation of laws. People like you that are too frightened to stand up to the terrorists are doing EXACTLY what the terrorists want.
Fortunately a large majority of Americans have recognized this and run the cowards out.
You should continue to express your bizzare political opinions so that more Democrats are elected in 2010.
when Bush started`to torture people and hold people without trial,
WE BECAME NO BETTER THEN THE TERRORISTS
Posted by pythoncharly at 9:19 AM : Mar 1, 2009
This is a quote from the book Spook Country by William Gibson
A nation consists of it's laws. A nation does not consist of it's situation at a given time. If an individual's morals are situational,
that individual is without morals. If a nations's laws are situational, that nation has no laws, and soon isn't a nation.
Are you really so scared of the terroroists that you'll dismantle the structures that made America what it is? If you are, you let the
terrorist win. Because that is exactly, specifically his goal, his only goal: to frighten you into surrendering the rule of law.
That's why they call him a terrorist. He uses terrifying threats to induce you to degrade your own society.
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When the tough guy NeoCons start talking about crybaby liberals I give them this quote.
Then I like to expain that their version of tough is to give up their rights at the first sign of trouble, like the cowards they are.
THEY NEVER RESPOND.
Posted by singinrick09 at 7:10 AM : Mar 1, 2009
Jesus Christ was the first Liberal.
Posted by johndevinejr at 7:46 AM : Mar 1, 2009
I know these folks have lost any prospective of what we stand for as a people. I just do not know where they are or where they are coming from anymore.
Posted by skyk-2009 at 8:13 AM : Mar 1, 2009
I don't either. I work with people who acvocate these things and I confront them all the time. The reason that I post here is not to convince them of the error of their ways but to try and figure out what their strategy will be next.
Conservatives/NeoCons/republicans do not operate on reason, they have belief, and no amount of facts or truth will sway their beliefs.
From what is comming out of the CPAC (Conservative Political Action Conference) it seems that they think they have not packaged their ideas so that moderates will understand. They haven't the slightest notion that the things they advocate are not what the Founding Fathers intended.
If they have their way our Democracy will be lost, and when they wake up in the fascist world they have created it will be too late for us all.
To say that the founding fathers were "bleeding heart liberals" is one of the most vile distortions of American history that is out there!
Posted by singinrick09 at 7:10 AM : Mar 1, 2009
Really? You were there and conversed with them? LOL Chances are you are listening to some member of the Religious Right, someone who knows nothing about history and wants nothing more than to get back into our schools to "teach" religion to our kids like Bin Laden does in the Middle East. Since the first congress we have had a constant in this nation, it's called the Wall of Separation between Church and State. It has served us well and we passed the 14th Amendment to our Constitution to make it stronger. No American should ever fear their government taking the side of someone like a Jerry Falwell over them. To do that would make us no better than the Taliban.
THESE ARE PRISONERS OF WAR AND TERRORISTS!!!! THEY ARE NOT AMERICAN CITIZENS!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by singinrick09 at 7:07 AM : Mar 1, 2009
You know this how? Because the same government that told us there were WMD's in Iraq said so. I do wish you folks would get a little, just a little back bone! Your shivering and cowardliness only encourages these thugs. They aren't an organized Army or anything close to that, treating them as anything other than regular criminals only makes them look larger and better to the Youth in the Arab World. Try talking to someone who confronted the Klan about this, they'll tell you what I'm telling you is true. Take them to court, give them a trial and put them in the slammer with Big Bubba. After a few years of that they can confirm to all the other scum suckers out there that it isn't a good Idea, virgins or not!
Posted by johndevinejr at 7:46 AM : Mar 1, 2009
I know these folks have lost any prospective of what we stand for as a people. I just do not know where they are or where they are coming from anymore.
Trust our system. It is our heritage. It works. And too much blood has been shed to ignore it.
Posted by at 7:28 AM : Mar 1, 2009
The individuals advocating this nonsense are cowards. They are so cowardly that at the first sign of danger they can't give up their Constitutional Rights fast enough. They are the perfect fodder for Fascisim.
We have gotten rid of most of these unAmerican, unPatriotic cowards. In the next election cycle we need to get rid of more of them.
Keep in mind the Bush Administration tried to turn the Justice Department into Thought Police and force out any Americans that opposed using the Justice Department as a political tool.
Had he succeeded we would have the situation that these Fascists want. A country that is no longer a Democracy, a country that does not allow dissent.
Joe The Plumber was on TV advocating shooting Americans who spoke against the Army. This essentially is the Conservative position.
Posted by dropie1 at 2:34 AM : Mar 1, 2009
A nation consists of it's laws. A nation does not consist of it's situation at a given time. If an individual's morals are situational, that individual is without morals. If a nations's laws are situational, that nation has no laws, and soon isn't a nation.
Are you really so scared of the terroroists that you'll dismantle the structures that made America what it is? If you are, you let the terrorist win. Because that is exactly, specifically his goal, his only goal: to frighten you into surrendering the rule of law.
That's why they call him a terrorist. He uses terrifying threats to induce you to degrade your own society.
William Gibson
A Court of Law is where issues of guilt or innocence are decided in this country. At least until Bush became President and decided he had the powers of a King.
People who advocate the Bush violations of the Constitution are COWARDS.
In Germany in the 1930's they did what these cowards advocate. We need to maintain the Constitution of the United States in spite of these
REPUBLICAN / NEO CON / CONSERVATIVE COWARDS
Our founding fathers knew that power corrupts and absolute power corrupts absolutely.
That is why on American soil there are checks and balances before you are locked away forever.
We are offerring to the worst people in the world the best system of justice.
I like that.
Put the shoe on the other foot. Imagine travelling in Turkey and being thrown in jail, without representation, or any means of appeal. It happened.
And remember the original terrorists, the 1990 first attack on the world trade center is doing very nicely in jail for life.
Trust our system. It is our heritage. It works. And too much blood has been shed to ignore it.
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