I really recommend reading (at least) the first 11 pages of the court’s decision, where the court sets forth in very stark and clear terms exactly what we have done to al-Marri. I recall the sensation, back in law school, of reading legal opinions from various periods of time throughout our country’s history which began by recounting the government’s behavior and finding it difficult to believe that any government could engage in such conduct without provoking a massive backlash (and sometimes it did).
That is the reaction which this opinion provokes (even though the facts are familiar). No matter how many times one thinks about it, reads or writes about it, it never ceases to amaze — literally — that our government has asserted the power to imprison people, including those on U.S. soil, and keep them locked up for years and years, indefinitely, without so much as charging them with any crime or even allowing them access to lawyers. And that is to say nothing of what is done to them while being held completely incommunicado. That was just a line that one thought the American Government could not cross without enormous backlash.
Here’s the decision. [pdf]