In a move signaling a new legal strategy in the war on terror, President Barack Obama has ordered the military to transfer alleged al- Qaida sleeper agent Ali al-Marri from a Navy brig to the Department of Justice, following his indictment on charges of material support for terrorism.
The move heralds a major change in policy. Transferring al-Marri from military detention into the U.S. justice system will permit him to be tried under standard rules of evidence, and it will grant him minimum legal rights that were previously denied him.
The decision will win plaudits from human rights groups and other opponents of President Bush’s assertion that alleged enemy combatants could be detained indefinitely by the military, even if they are captured on U.S. soil.
But in moving al-Marri’s case to the federal courts, the Obama administration gives up some control over his fate. For instance, a federal judge with jurisdiction over the case technically would have the power to release al-Marri on bail...
[And how well did the 'law enforcement' approach work in preventing 9/11? Any of the other terror attacks that led up to it? (and zero since)
A: It didn't, and won't. Again: the deterrence mechanism, baring sheer luck (right place/right time) is retribution - after the fact - serving to dissuade others from acting likewise. That does not work with suicide bombers.
Such enemies cannot be deterred, they must be interdicted - relying on intelligence (FICA et al) or keeping those we catch (or have reason to suspect - being on a battlefield qualifies) lock up until the network they're a part of has been dismantled.
It's called war. Our enemies are playing to win, and this lunacy aids them.]
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