Al-Marri v. Pucciarelli: The Fourth Circuit Solidifies the President's Authority to Detain Al Qaeda Agents While Creating Additional Confusion regarding the Habeas Corpus Privileges of Detainees
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Authors
Pitcher, Brandon J.
Issue Date
2010
Volume
43
Issue
Type
Journal Article
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Abstract
INTRODUCTION|The practice of detaining enemy combatants and subsequently trying them before military tribunals has been a part of United States history since the country's inception. However, following the terrorist attacks of September 11, 2001, and the subsequent detainment of thousands of alleged terrorists, a number of questions have emerged surrounding the authority of the President of the United States to order the detainment and military tribunals of suspected terrorists. Within the last decade, the Supreme Court of the United States has provided some guidance by upholding a congressional order entitled the Authorization for Use of Military Force ("AUMF"), which authorized the President to detain members of al Qaeda and the Taliban. Consequently, the Supreme Court has also attempted to clarify the rights of such detained persons by extending the privilege of habeas corpus to alien-detainees and establishing guidelines for the habeas proceedings of detainees. |In the case of Al-Marri v. Pucciarelli, Ali Saleh Kahlah al-Marri ("al-Marri"), a legal alien residing in Illinois, petitioned the United States District Court for the District of South Carolina for a writ of habeas corpus after United States military authorities detained him...
Description
Citation
43 Creighton L. Rev. 1221 (2009-2010)
Publisher
Creighton University School of Law