518:
soon as the
Supreme Court rules on that motion. On March 6, 2009, the U.S. Supreme court dismissed the application, remanded to the Fourth Circuit, and instructed the Fourth Circuit to dismiss the appeal as moot. In March 2009, al-Marri made his first appearance before a judge in Charleston, South Carolina. After denying al-Marri's request for bail, the South Carolina judge ordered his transportation to Illinois. al-Marri pleaded not guilty before Judge Michael Mihm in a U.S. District Court of Illinois. Judge Mihm set the date of the trial for May 26. Mihm also ordered the prosecution to hand over evidence, such as a copy of al-Marri's hard drive, to the defense attorneys.
287:
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632:, who were imprisoned in Qatar over the death of their adopted daughter. The case was widely criticized as a show trial by human rights groups and legal experts. The U.S. Department of State denies that any such deal took place. The Huangs were later released from Qatar after their conviction was overturned.
657:
The U.S. has received some criticism for releasing him back to Qatar instead of Saudi Arabia, the country whose passport he originally used to travel to the United States. Furthermore, Qatar has a borderline permissive attitude towards terrorism finance that led to concerns that al-Marri would again
517:
and conspiring with others to provide material support to al-Qaeda. He said that the Office of the
Solicitor General would move to dismiss al-Marri's pending litigation before the U.S. Supreme Court, and that al-Marri would be transferred to Department of Justice custody for criminal prosecution as
405:
cannot deny al-Marri his constitutional rights to challenge his accusers and reason for detention. The court ruled that al-Marri must be released from military detention to either be freed or to be placed in US civilian detention, when the federal government would have to charge him with crimes and
627:
Al-Marri was repatriated to Qatar on
January 18, 2015. Reports have surfaced that al-Marri was released as part of a proposed prisoner swap deal facilitated by Qatar. In July 2014, the then-US Ambassador to Qatar was approached by an individual acting on behalf of Qatar's attorney general, Ali Bin
530:
On April 30, 2009, al-Marri entered a plea of guilty to one count of conspiracy to provide material support or resources to a foreign terrorist organization. He agreed in his plea that he attended terrorist training camps between 1998 and 2001, where he studied weapons and operational security. He
340:
In
October 2008, the military released 91 pages of memos drafted in 2002 by officers at the Naval Consolidated Brig, Charleston, which showed that they had been concerned for the sanity of Al-Marri and other detainees confined to solitary. The memos indicate that officers were concerned that the
162:
After a change in administrations, in 2009, the government transferred al-Marri's case to the
Department of Justice and the federal civilian court system, making it moot at the Supreme Court. In a plea agreement, al-Marri pleaded guilty to one count of conspiracy to provide material support to a
413:
rehearing of the ruling on
October 31, 2007. In its decision issued on July 15, 2008, the Court voted 5-4 that if the Government's allegations are true, al-Marri can be held in military detention indefinitely as an enemy combatant. But, they determined that he has not received sufficient
483:
The extent of the damage to
American liberties, and how lasting it will be, will be told in part by the outcome of two cases that are to be heard by the federal courts." They said the Obama administration would have to decide "whether to defend the indefensible when the case comes to
493:
Following this review, the government transferred Al-Marri's case from military custody to the federal court system and went to trial. In a 2009 plea bargain, al Marri pleaded guilty to one count of conspiracy to support a terrorist group. He was sentenced to 8 years in prison.
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to the FBI and to financial institutions, identity fraud, and credit card fraud. He was alleged to be in possession of more than 1750 credit card numbers, along with the names of the account holders, none of which were his. He was also alleged to be in possession of
521:
Al-Marri was transported afterward back to the Peoria federal court by the marshals and appeared before Mihm. He indicated to Mihm he understood the charges against him. In March 2009, al-Marri was returned to civilian custody in Peoria, from military custody.
618:
In 2008, the United States requested bank records for al-Marri for use in their prosecution. The
Qataris were reportedly angry that Washington had chosen to repatriate a different suspected terror financier to Sudan instead of al-Marri and denied the request.
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He "experienced enhanced interrogation during that time including dry-boarding", the lawyer said. Dry-boarding is a torture method that induces the first stages of asphyxiation by stuffing the detainees' airways with rags, then taping shut his mouth and
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472:'s enemy combatant doctrine, and called on the Supreme Court justices to make clear that a president cannot trample on individual rights by imprisoning people indefinitely simply by asserting that they are tied to terrorism.
152:
determined that, as a legal resident arrested in the United States, he was entitled to contest his detention in federal court. It ruled that he needed to be charged and tried, or released. The
Supreme Court agreed to
385:
Investigator had found information about hydrogen cyanide on Al Marri's laptop ... "The highly technical information found on al-Marri's laptop computer far exceeds the interests of a merely curious individual."
942:
In early 2005, the Navy's brig in
Hanahan had become a small but unique cog in the Bush administration's anti-terrorism apparatus -- the only prison on U.S. soil that housed people the president deemed "enemy
1474:
After the 2008 election, President Barack Obama transferred al-Marri's case to the federal court system. Al-Marri then pleaded guilty to conspiracy to support a terrorist group and was sentenced to 15 years.
436:
to overturn the lower court ruling that allowed him to be treated as an enemy combatant in spite of being a legal resident of the US. On December 5, 2008, the Supreme Court agreed to hear al-Marri's case.
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After a long legal battle, the federal government released the previously classified justification for Al Marri's detention as an enemy combatant. On September 9, 2004, Jeffrey N. Rapp, Director of the
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1937:
171:
Ali Saleh Kahlah al-Marri was born in Qatar in 1966 or 1967, as estimated by the United States government. He came to the United States to go to graduate school and was a legal resident. He attended
108:
who was sentenced to serve an 8-year sentence in a United States federal prison. He pleaded guilty to one count in a plea bargain after his case was transferred in 2009 to the federal court system.
81:
364:, al-Marri should be tried in a military tribunal as an enemy combatant rather than in a civilian court. It said that the Military Commissions Act of 2006 removed federal court jurisdiction for
304:
in October 2004. His lawyers reported that al-Marri has described being subjected to extreme cold, with insufficient bedding and clothing. He has been deprived of all reading material except a
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539:. Mohammed told him to travel to the United States by September 20, 2001, and wait for further instructions. al-Marri said that while enrolled at Bradley University, he researched
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A Qatari who was held in the United States since 2001, part of the time as an "enemy combatant", has been released and returned to Doha on Saturday, a family member told AFP.
635:
Al-Marri's return to Qatar was widely celebrated. Prominent Qatari figures were invited to celebrate his return and high level figures, including a long time board member of
115:
and a legal resident of the United States when arrested in December 2001 in Illinois by the federal government. Two years after his arrest, he was indicted on charges of
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On October 29, 2009, al-Marri was sentenced to 8 years in prison, in consideration of the nearly eight years he had already been held. In March 2010, he was moved from
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Al Marri was to hack into the US banking system, and "to wipe out balances and otherwise wreak havoc with banking records in order to damage the U.S. economy."
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1689:"Qatar and Terror Finance: Part I: Negligence". David Andrew Weinberg. FDD Press, a division of Foundation for Defense of Democracies. December 2014. p. 14.
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announced that a federal grand jury in the Central District of Illinois had returned a two-count indictment charging Ali Saleh Kahlah al-Marri, 43, with
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to determine if these allegations are in fact true. The case is allowed to return to trial court but no particular proceedings have been specified.
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In October 2004, Al-Marri told his lawyer that he had not been interrogated for a year. His lawyer sought to challenge his detention by a writ of
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Mohsen Bin Fetais Al Marri, who is reportedly a relative of Ali Saleh al-Marri. They offered to facilitate the release of an American couple,
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Before coming to the United States, Al Marri is believed to have worked for nearly a decade as a "key person" in the audit department of
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610:, as there were reports in 2009 and 2010 that the three reported suicides in 2006 had been found with rags stuffed down their throats.
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agents interrogated al-Marri for months, at one point wrapping his head in duct tape and stuffing his mouth, a tactic Savage called
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After searching al-Marri's computer, federal agents found folders labeled "jihad arena" and "chem," which contained information on
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Logbooks and other information obtained by al-Marri's Charleston attorney, Andy Savage, revealed that Defense Department and
308:. His guards reportedly decline to inform him of which direction is East, which he needs for prayers. His cell's window is
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quoted one of al-Marri's lawyer's assertions that he was subjected to the brutal and dangerous torture technique known as
469:
449:
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outlined the case of Ali al-Marri in an editorial on November 24, 2008, titled "Indefinite Detention". It criticized the
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celebrated his return, members of the foreign and interior ministries and the editor in chief of Qatar's main newspaper
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requiring that al-Marri's status be reviewed by his administration, in addition to those of detainees currently held at
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955:"Cruel Confinement of 'Enemy Combatant' in United States: Complaint Provides First Look at Isolation and Abuse"
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Cell blocks in the Navy consolidated brig. An entire wing was reportedly devoted to Al Marris's detention.
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587:. In the memos, Giambastiani requested that al-Marri, Hamdy and Padilla be transferred to Guantanamo.
1830:
1455:"Memos detail Navy brig struggle: Military brass were denied OK to move terror suspects from Hanahan"
923:"Memos detail Navy brig struggle: Military brass were denied OK to move terror suspects from Hanahan"
812:
502:, quoting inside sources, reported on February 26, 2009, that al-Marri was to be indicted by Obama's
378:, had submitted a 16-page sworn statement containing many allegations against Al Marri, including:
136:
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and transferred to military custody. He was detained for six years at the Naval Consolidated Brig at
643:. He also received a congratulatory phone call from the country's prime minister upon his release.
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300:(2004), which said that detainees had the right to challenge their detention, Al-Marri was allowed
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1221:"Feds release al-Marri documents: Declassified papers detail alleged al-Qaida links, orders",
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reports that al-Marri's initial arrest in December 2001 was at a routine traffic stop in
954:
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575:". Among those documents was a 2005 exchange of memos between the prison's commander,
498:
262:" in 2003, it dropped those federal charges and transferred him to military custody at
221:
1837:, February 23, 2009, analyzing the case and how the Obama administration will respond.
1739:"Analysis: Former al Qaeda operative freed, sent home to Qatar | The Long War Journal"
370:
or any other actions related to aliens determined by the US to be "enemy combatants."
282:
Aerial view of the Navy Consolidated Brig, in South Carolina, where Al Marri was held.
1916:
1855:
Discredited Yoo Memos Led to "Enemy Combatant" Detainment and Denial of Habeas Corpus
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127:, in solitary confinement. He is the only non-citizen known to have been held as an
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571:(FOIA) request about the use of the consolidated Navy brig in Charleston in the "
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836:"Exclusive: Freed Al Qaeda Agent Was Part of Proposed Swap for Jailed Americans"
510:
415:
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items. The lack of such items have caused him to be unable to pray, because of
309:
243:. This is a poisonous gas produced in large quantities in the U.S. and is among
1900:
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445:
155:
74:
1160:"DOJ asserts MCA bars enemy immigrants, Gitmo detainees from judicial review"
1092:
José Padilla (prisoner). 2002. Archived from the original on 29 October 2008
1001:
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reported on documents the paper had recently received from an 8-year-old
544:
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233:
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410:
1083:"2002 Navy Consolidated Brig emails about the captives' mental health"
973:"Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court"
247:
that cause general poisoning. They also reportedly found lectures by
200:. He was held by federal authorities in civilian jails in Peoria and
558:
security in Colorado. His release date was set as January 18, 2015.
475:
In an editorial of December 8, 2008, titled "Tortured Justice", the
270:. He had been arrested while a legal resident of the United States.
251:
and links to websites related to weaponry and satellite equipment.
1518:"Ali Al-Marri Indicted for Providing Material Support to Al-Qaeda"
317:
316:), and he has no clock, so he cannot know the proper times to say
285:
277:
225:
105:
46:
35:
1841:
Matt Apuzzo, "US residents in military brigs? Govt says it's war"
1268:"Enemy Combatant Can't Be Held by Military, Court Says (Update2)"
705:
606:
This information was considered significant to the cases of the
325:
1313:(2008-11-09). "High Court May Consider Legality of Detention".
1334:
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1047:
908:
795:
595:
104:(Arabic: علي صالح كحلة المري ) (b. 1966–1967) is a citizen of
658:
be involved in plotting violence against the United States.
82:
provide material support to a foreign terrorist organization
1448:
1446:
1444:
585:
Deputy Assistant Secretary of Defense for Detainee Affairs
341:
mental states of the detainees Ali Saleh Kahlah al-Marri,
182:
and then as a senior auditor for the government of Qatar.
1610:. 2009-03-05. Archived from the original on 19 March 2009
80:
Plea bargain - pled guilty to one count of conspiracy to
1044:"Military concerned for detainees' sanity, records show"
742:"Al Qaeda Sleeper Agent Pleads Guilty to Terror Charges"
654:, who is currently living with legal impunity in Qatar.
1604:"At long last, prisoner EC#2 will get his day in court"
1300:, United States Court Of Appeals For The Fourth Circuit
1360:"Review of the Detention of Ali Saleh Kahlah al-Marri"
1938:
Prisoners and detainees of the United States military
971:
Jennifer K. Elsea, Michael John Garcia (2010-02-03).
401:, the Fourth Circuit Court of Appeals ruled that the
376:
Joint Intelligence Task Force for Combating Terrorism
358:
United States Court of Appeals for the Fourth Circuit
864:
Organisation for the Prohibition of Chemical Weapons
432:
reported that al-Marri's lawyers had petitioned the
1821:"In War of Vague Borders, Detainee Longs for Court"
1576:"Accused 'Sleeper Agent' Pleads Not Guilty in U.S."
884:
Never Again: Securing America and Restoring Justice
561:On October 12, 2011, Tony Bartelme, writing in the
87:
72:
60:
52:
42:
28:
21:
1643:"Qatari Envoy Was to Meet Al Qaeda Figure in Jail"
163:foreign terrorist organization on April 30, 2009.
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1547:"Al-Marri Detention Case Vacated (Press Release)"
1186:
1184:
718:in the Continental U.S. See Supreme Court ruling
1627:: CS1 maint: bot: original URL status unknown (
1109:: CS1 maint: bot: original URL status unknown (
1067:: CS1 maint: bot: original URL status unknown (
1037:
1035:
813:"Former ‘Enemy Combatant’ Pleads Guilty in Ill."
1050:. Archived from the original on 14 October 2008
1027:Ali Saleh Kahlah Al-Marri v. Donald H. Rumsfeld
808:
806:
804:
772:"Admitted Qaeda Agent Receives Prison Sentence"
592:
175:, a small private college in Peoria, Illinois.
1763:"Qatari held as 'enemy combatant' in US freed"
766:
764:
762:
220:. Additionally, he was alleged to have used a
211:In 2002, the government charged Al-Marri with
440:On January 22, 2009, newly elected President
8:
349:due to their isolation and lack of stimuli.
1897:"Order to review case of ‘enemy combatant’"
1700:"Qatari held in US since 2001 returns home"
1668:. Federal Bureau of Prisons. Archived from
905:Al Qaeda suspect declared 'enemy combatant'
834:Kirchick, Shane Harris|James (2015-01-26).
787:
785:
783:
547:and continued communicating with al-Qaeda.
294:Following the US Supreme Court decision in
18:
997:"Supreme Court won't hear terrorism case"
714:, former U.S. citizen who was held as an
1877:Brother campaigns for 'enemy combatant'
733:
552:Federal Correctional Institution, Pekin
509:On February 27, 2009, Attorney General
356:asserted in a six-page motion with the
119:, but in 2003, he was classified as an
1872:4th Circuit Opinion in Convenient Form
1620:
1102:
1060:
515:providing material support to al-Qaeda
1933:People convicted on terrorism charges
1733:
1731:
1729:
1727:
1499:from the original on 28 February 2009
1400:from the original on 10 December 2008
648:Specially Designated Global Terrorist
320:. He reports having been deprived of
7:
1430:from the original on 8 December 2008
1341:from the original on 7 December 2008
829:
827:
825:
1887:"Justice to review al-Marri's case"
1203:United States Department of Justice
1166:. November 14, 2006. Archived from
1090:United States Department of Defense
770:Schwartz, John (October 29, 2009).
608:Guantanamo Bay homicide accusations
354:United States Department of Justice
111:Al-Marri was a graduate student at
1585:from the original on 26 March 2009
1557:from the original on 13 April 2009
1331:"US Court reviews enemy combatant"
1238:"US 'cannot hold enemy combatant'"
700:, his brother, former detainee at
556:US Penitentiary, Florence Supermax
535:and "offered his services" to aid
218:falsified identification documents
14:
1528:from the original on 1 March 2009
1248:from the original on 23 June 2007
886:. New York: Hachette Book Group,
403:Military Commissions Act of 2006
362:Military Commissions Act of 2006
1928:Qatari people imprisoned abroad
1773:from the original on 2015-01-21
1710:from the original on 2015-01-21
1291:"Decision on Rehearing En Banc"
748:from the original on 3 May 2009
646:His return was also praised by
150:Fourth Circuit Court of Appeals
977:Congressional Research Service
1:
1953:Qatar–United States relations
1266:Robert Schmidt (2007-06-11).
470:George W. Bush administration
450:Guantanamo Bay detention camp
1641:Shane, Scott (April 8, 2010.
1487:"Al-Marri Indictment Today "
1453:Tony Bartelme (2011-10-12).
1366:. 2009-01-22. Archived from
921:Tony Bartelme (2011-10-12).
1662:"Ali Saleh Kahlah al-Marri"
1042:Carol Cratty (2008-10-08).
564:Charleston Post and Courier
434:United States Supreme Court
258:classified al-Marri as an "
1974:
1866:Brennan Center for Justice
1811:Brennan Center for Justice
1551:Brennan Center for Justice
569:Freedom of Information Act
388:
352:On November 13, 2006, the
268:Charleston, South Carolina
125:Charleston, South Carolina
792:Another 'Enemy Combatant'
702:Guantanamo Bay Naval Base
133:continental United States
102:Ali Saleh Kahlah al-Marri
95:
68:
23:Ali Saleh Kahlah Al Marri
1418:Editorial (2008-12-08).
1388:Editorial (2008-11-24).
1015:"Habeas corpus petition"
744:. Fox News. 2009-04-30.
623:Release and repatriation
167:Early life and education
1958:Inmates of ADX Florence
1943:Qatari al-Qaeda members
1799:Al-Marri v. Pucciarelli
882:Ashcroft, John (2006),
630:Matthew and Grace Huang
590:According to Bartelme:
479:editorial board wrote:
360:that, according to the
302:access to legal counsel
264:Naval Consolidated Brig
245:chemical warfare agents
213:making false statements
1390:"Indefinite Detention"
604:
533:Khalid Sheikh Mohammed
486:
291:
283:
1813:, New York University
1522:Department of Justice
1132:Department of Justice
652:Abdulrahman al Nuaymi
504:Department of Justice
481:
421:On November 9, 2008,
395:On June 11, 2007, in
289:
281:
1743:The Long War Journal
1196:"Al Marri v. Wright"
1170:on December 22, 2007
1125:"Al Marri v. Wright"
224:to call a number in
137:September 11 attacks
1809:, defense lawyers,
1608:Peoria Journal Star
1316:The Washington Post
1224:Peoria Journal Star
428:The Washington Post
256:Bush administration
193:Peoria Journal Star
1891:Charleston Journal
1860:2008-05-13 at the
1805:2009-05-09 at the
1647:The New York Times
1424:The New York Times
1420:"Tortured Justice"
1394:The New York Times
1296:2008-08-17 at the
1192:Diana Gribbon Motz
1020:2005-11-29 at the
959:Human Rights Watch
860:"Hydrogen Cyanide"
817:The New York Times
776:The New York Times
691:Al-Marri v. Wright
666:In its reporting,
465:The New York Times
457:The New York Times
409:The court held an
398:al-Marri v. Wright
391:Al-Marri v. Wright
292:
284:
230:Mustafa al-Hawsawi
180:Qatar Islamic Bank
173:Bradley University
145:Al-Marri v. Wright
113:Bradley University
1893:, 23 January 2009
1244:. June 11, 2007.
1005:, October 4, 2004
892:978-1-59995-680-0
721:Hamdi v. Rumsfeld
698:Jarallah al-Marri
577:E.P. Giambastiani
406:provide a trial.
117:credit card fraud
99:
98:
1965:
1907:Free Ali Almarri
1868:, April 8, 2008.
1845:Associated Press
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979:. pp. 15–19
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927:Post and Courier
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712:Yaser Esam Hamdi
322:personal hygiene
241:hydrogen cyanide
206:material witness
198:Peoria, Illinois
88:Criminal penalty
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1862:Wayback Machine
1827:January 5, 2007
1825:New York Times,
1807:Wayback Machine
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614:Qatari reaction
581:Charles Stimson
528:
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326:ritual impurity
276:
274:Enemy combatant
260:enemy combatant
249:Osama bin Laden
188:
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129:enemy combatant
121:enemy combatant
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1838:
1835:The New Yorker
1831:The Hard Cases
1828:
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1793:
1792:External links
1790:
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1787:
1769:. 2015-01-18.
1754:
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1706:. 2015-01-18.
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1581:. 2009-03-23.
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1509:
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1492:The New Yorker
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1337:. 2008-12-05.
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329:
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75:Conviction(s)
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1948:1960s births
1890:
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1757:
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1694:
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1670:the original
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1463:the original
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1368:the original
1354:
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1325:
1314:
1311:Jerry Markon
1305:
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1261:
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347:José Padilla
343:Yasser Hamdi
339:
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148:(2008), the
143:
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101:
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526:Guilty plea
511:Eric Holder
416:due process
314:transparent
310:translucent
236:financier.
131:within the
43:Nationality
1917:Categories
1901:Gulf Times
1777:2015-01-20
1767:Al Jazeera
1748:2016-11-09
1714:2015-01-20
1676:2010-04-09
1614:2009-03-15
1589:2009-04-11
1561:2009-04-11
1532:2009-03-01
1503:2009-02-26
1469:2011-10-15
1434:2008-12-09
1404:2008-11-26
1374:2008-08-23
1345:2008-12-07
1277:2007-06-11
1252:2007-06-11
1208:2007-12-13
1174:2007-06-11
1164:The Jurist
1145:2007-06-11
1096:2008-10-09
1054:2008-10-08
983:2016-12-27
937:2011-10-15
869:2009-01-14
845:2016-11-09
752:2009-05-01
729:References
669:Al Jazeera
637:Al Jazeera
489:Court case
459:editorials
446:memorandum
254:After the
228:linked to
156:certiorari
135:since the
1909:, website
1849:USA Today
1623:cite news
1272:Bloomberg
1105:cite news
1063:cite news
1002:USA Today
531:met with
444:issued a
32:1966/1967
1881:BBC News
1858:Archived
1803:Archived
1771:Archived
1708:Archived
1583:Archived
1555:Archived
1526:Archived
1497:Archived
1428:Archived
1398:Archived
1339:Archived
1294:Archived
1246:Archived
1018:Archived
746:Archived
684:See also
545:Internet
537:al-Qaeda
234:al-Qaeda
61:Children
56:Released
1579:Reuters
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484:trial."
411:en banc
318:prayers
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