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Terrorist Jurisprudence

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Here’s the close of the dissent in today’s Fourth Circuit opinion:

Furthermore, setting aside the amorphous distinction between an “enemy combatant” and an “enemy belligerent,” there is little doubt from the evidence that al-Marri was present in the United States to aidand further the hostile and subversive activities of the organization responsible for the terrorist attacks that occurred onSeptember 11, 2001.

I therefore vote to affirm the district court. (Emphasis added.)

The majority opinion –it is along one– is a gift card to al Qaeda operatives in the United States, guaranteeing them trial or release like any other criminal. Expect en banc and SCOTUS review.

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