U.S. denies manipulating Al-Marri case

[kpete]

Source: Scotusblog

U.S. denies manipulating Al-Marri case
Wednesday, March 4th, 2009 5:10 pm | Lyle Denniston |

The Obama Administration told the Supreme Court Wednesday that it is not trying to keep on the books a sweeping lower court ruling upholding presidential detention power inside the U.S. It is willing, it said in a reply brief renewing its plea for dismissal of Al-Marri v. Spagone (08-368), to have that decision wiped out.

“The government’s agreement here that vacatur of the decision below would be appropriate conclusively demonstrates that the government is not attempting to preserve its victory while evading review,” the brief said.

Moreover, it added, the decision to shift Ali Saleh Kahlah Al-Marri from military to civilian custody, for trial in civilian court on criminal charges, is the kind of action that is “entitled to a presumption of regularity,” especially since President Obama himself has told the military to release Al-Marri and to no longer treat him as an “enemy combatant.”

The Court plans to consider the government motion to dimiss the case at its private Conference on Friday, according to the Court’s electronic docket. Chief Justice John G. Roberts, Jr., also has passed on to his colleagues for action a request by the government for permission to transfer Al-Marri out of the U.S. Navy brig in Charleston, S.C., where he has been held for more than five years without charges.

Read more: http://www.scotusblog.com/wp/us-denies-manipulating-al-marri-case/