President may not detain legal U.S. resident without charging him

[Superlative]

"Federal appeals court in Richmond, Va, rules that president may not declare civilians in United States to be 'enemy combatants' and have military hold them indefinitely; ruling is stinging rejection of one of Bush administration's central assertions about scope of executive authority to combat terrorism; ruling comes in case of Ali al-Marri, citizen of Qatar now in military custody in Charleston, SC, who is only person on American mainland known to be held as enemy combatant; court says administration must charge him with crime, deport him or hold him as material witness in connection with grand jury investigation, but that his military detention 'must cease';

http://select.nytimes.com/gst/abstract.html?res=F40814FB3C5B0C718DDDAF0894DF404482

http://abcnews.go.com/US/wireStory?id=3266462

http://www.msnbc.msn.com/id/19172214/

 

[RetiredGySgt]

http://select.nytimes.com/gst/abstract.html?res=F40814FB3C5B0C718DDDAF0894DF404482

http://abcnews.go.com/US/wireStory?id=3266462

http://www.msnbc.msn.com/id/19172214/

Already covered. The appeals minnie court agreed 2 to 1 and the White House is appealing to the full 4th Circuit Court. Hopefully the Full Court also agrees that the President does not have that power and I suspect they will. If taken to the Supreme Court I have every reason to believe the Supreme Court will also agree the President does not possess this power.