Appellate court slams Bush Administration for holding al-Marri as "enemy combatant"

The 77-page decision was by Circuit Judge Diana Gribbon Motz, a 1994 Clinton appointee, and joined by Circuit Judge Roger L. Gregory, originally named by Clinton in 2000 as a recess appointment, but renominated by Bush, both sitting members of Fourth Circuit Court of Appeals, which covers the states of Virginia, West Virginia and both Carolinas. A district court judge sitting by special assignment, Republican Henry Hudson, dissented. The decision can be accessed here .

The ruling does not mean al-Marri will be freed, however. In fact, the ruling will probably never take effect. Attorney General Alberto Gonzales, after calling al-Marri a “dangerous individual,” announced the government will appeal the decision to the Fourth Circuit as a whole (“en banc”), where a reversal is likely. Regardless, the losing side will petition to the Supreme Court, meaning a final decision may not be reached for another year.