"We are pleased with the court’s en banc decision today. The decision recognizes the President’s authority to capture and detain al Qaeda agents who, like the 9-11 hijackers, come to this country to commit or facilitate war-like acts against American civilians. That authority is backed by the support of Congress and is a vital tool in protecting the nation against further terrorist attacks.
"Mr. al-Marri trained with al Qaeda forces in Afghanistan, had direct contact with the mastermind of the 9-11 attacks, volunteered to undertake a martyr mission on behalf of al Qaeda, received funding from a key 9-11 financier, and was dispatched by al Qaeda leaders to the United States on the eve of 9-11 to commit or facilitate war-like acts.
"The decision also concludes that Mr. al-Marri should be afforded an additional opportunity to challenge the factual basis for his detention while he remains in military custody. While the Department believes that the district court properly concluded that Mr. al-Marri had already received all the process he was due, the government is studying the court’s decision and will respond to Mr. al-Marri’s contentions on remand."
###
08-612