Good news from the 4th circuit

From Marty Lederman:

The U.S. Court of Appeals today held that the military detention of U.S. resident alien Ali Saleh Kahlah al-Marri is unlawful: "We conclude that we must grant al-Marri habeas relief. Even assuming the truth of the Government’s allegations, the President lacks power to order the military to seize and indefinitely detain al-Marri. If the Government accurately describes al-Marri’s conduct, he has committed grave crimes. But we have found no
authority for holding that the evidence offered by the Government affords a basis for treating al-Marri as an enemy combatant, or as anything other than a civilian."

Note that the decision probably depends on the fact that al-Marri was a resident of the U.S., and/or that he was detained in the U.S. The decision therefore would not necessarily resolve similar questions with respect to aliens catured and held abroad, or at Guantanamo.

Excellent! The fact that this was called into question in the first place, though, should shock the conscience. And it should serve as a reminder that the broad license the administration has taken on important issues like this one has been utterly startling