The Epic Fail of the Courts in the War on Terrorism

Hat tip to Gabriel Malor at Ace of Spades.


Ali Saleh Kahlah Al-Marri was arrested in December 2001 on suspicion of being a sleeper agent. He was then held as an enemy combatant starting in 2003.

He is the poster-child for the failures of the criminal justice system to cope with the War on Terrorism.

In 2002, Al-Marri was charged in Illinois with making false statements to the FBI and to financial institutions, identity fraud, and credit card fraud. Those charges were dropped when President Bush designated him an enemy combatant in 2003. He was moved to the Naval Brig in Charleston.

He then challenged his detention in court. The Fourth Circuit was happy to oblige and ordered that he be released or transfered back to civilian control and charged with a crime. The en banc court realized that was pure, unfiltered insanity–death pact style–and decided to take another crack at it. The result was perhaps the most fractured, incoherent, and embarrassing decision ever issued by a circuit court of appeals. Here’s what I wrote at the time. A taste:

Ali Al-Marri, a Qatari man held without charge by the Bush administration for seven years on suspicions that he was an Al Qaeda sleeper agent, pled guilty Thursday to one felony count of providing material support to a terrorist organization.

Al-Marri’s plea was entered in federal court in Peoria, Ill., after the Obama administration indicted him and ended his detention at the Navy Brig in Charleston, S.C. He faces a possible sentence of up to 15 years in prison.

“Without a doubt, this case is a grim reminder of the seriousness of the threat we as a nation still face,” Attorney General Eric Holder said in a written statement. “But it also reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which the nation was founded and the rule of law.”

Papers filed in connection with Al-Marri’s guilty plea paint an unusually detailed portrait of his dealings with Al Qaeda and, in particular, with one of the group’s leaders, Khaled Sheikh Mohammed, known as KSM. Al-Marri admitted to attending terrorist training camps run by Al Qaida and that he traveled to the United States at the direction of KSM, who told him to enter the U.S. no later than September 10, 2001, one day before the terrorist attacks on the World Trade Center and the Pentagon.

The plea agreement says Al-Marri, using the code name “Abdo,” was to keep in touch with Mohammed, whose code name was “Muk,” by sending e-mails to him at a hotmail account, Details of the arrangements and the codes were found at an Al Qaeda safehouse in Pakistan, the plea deal says.

Court papers also say Mohammed arranged for Al-Marri to meet in Dubai with a financier of the September 11 attacks, Mustafa al-Hawsawi, who gave Al-Marri $10,000 to fund his travels to the U.S. Al-Marri entered the U.S. on September 10, 2001 and enrolled at Bradley University in Illinois. After the 9/11 attacks, he made repeated but unsuccessful efforts to contact KSM and al-Hawsawi by phone and e-mail, the documents say.

The plea agreement also says that Al-Marri conducted research on the effect of cyanide gas and on waterways, dams and tunnels where a terrorist attack could have been mounted.

Under the plea deal, the government agreed not to seek to detain al-Marri again, either through criminal charges or military detention, based on his involvement with al- Qaida prior to his arrest in December 2001. Court papers say he has agreed to be deported to Saudi Arabia or Qatar when his sentence is complete—or possibly sooner.

A key question in determining how much longer Al-Marri serves in prison will be whether he is given credit for his seven years in the brig. Lawyers said earlier this year that the government was resisting any such credit.

Defense attorneys for Al-Marri did not respond to messages Thursday evening seeking comment on the deal.

Judge Michael Mihm set a hearing for July 30, 2009 to impose a sentence on Al-Marri.

Holder thinks this is some kind of victory in the GWOT:

“Without a doubt, this case is a grim reminder of the seriousness of the threat we as a nation still face,” Attorney General Eric Holder said in a written statement. “But it also reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which the nation was founded and the rule of law.”

Just think, the moron-in Chief wants to close GITMO and put the terrorists up for adoption. So far, no takers. I have an idea; drop them off at the White House.
Yep, the country is in good hands

4 thoughts on “The Epic Fail of the Courts in the War on Terrorism”

  1. Did you also know that terrorism affects women more than any other demographic

    group? Please help us to stop terrorism by filling out a short survey at:

    I would really value your opinion and the opinion of your readers. The long-term goal of this project is to facilitate a more diplomatic American foreign policy in the years ahead.
    Thank you,

    John Maszka

    1. John,

      I visited your site after you left a message on my blog (which ended up in my spam que), and the “purpose” of your survey basically tells me your full of shit. I’m going to tear it apart, point by point:

      “The purpose of this pre-survey is to help create a survey instrument free of western ethnocentrism and particularly white, male ethnocentrism.”

      I’m Irish, Scots, German, Cherokee, and female. My ethnicity is a hell of a lot more varied than the average Islamofascist muslim.

      “Terrorists want something. The goal of my research is to discover the extent to which they speak for the societies that they claim to represent.”

      Yeah, they want a world Caliphate. Pop in on al Jazeera, MEMRI, and the other jihadist websites on the internet. Read the Sharia concepts laid down by Mohammad in the Koran. You’ll get all the societal representation you need.

      “I want to understand how much popular support there is for terrorism, what fuels popular support for terrorism, and how the United States and the developed West can respond more diplomatically to alleviate the social concerns that drive popular support for terrorism.”

      More “diplomatically”? Like Obama’s “negotiate without preconditions” ass kissing? So far, all that’s done is embolden rogue communist and Islamic states. North Korea, China, Russia, and Iran have responded to B. Hussein’s “touchy-feely” approach by flipping the middle finger to the West; increasing their military buildups and missile testing. So much for diplomacy.

      “My goal is that one day the societies plagued with the violence of terrorism can be free of both terrorism and the perceived social injustices that may be creating popular support for terrorism”

      That’ll happen when they’re all dead.

      “To what extent does American unilateralism, preemption, and hegemony fuel popular support for terrorism?”

      Hey, I’m all for isolationism. We should stop giving aid and support to countries who expect us to do the heavy lifting when it comes to being a world cop, while jeering from the sidelines. On the other hand, if you attack us, we annihilate you, your country, your supporters and your allies.

      “With a new administration in office, there is no better time to advocate for the necessary foreign policy changes America needs to make. But in order to do that, we need information.”

      Here’s your information:

      We are now saddled with a corrupt, socialist, terrorist cavorting, narcissistic charlatan, who suits the “world’s” agenda. Obama will kowtow to all of the world’s malefactors, fulfilling his promise to ‘negotiate without pre-conditions’. To all the asshats who foolishly believe that being a pliant doormat will somehow make the United States a more “moral, respected, endearing, popular, positive role model”, brace yourselves.

      It will only serve to encourage hostile nations, Islamic ones in particular, to take advantage of a deteriorated American political and economic system, rife with Democratic milksops. This, of course, is supposed to improve our ‘world image’. If you think Clinton’s non-response to the numerous terrorist attacks on his watch gave al Qaeda the green light, Obama will be in the fucking control tower giving the okay for take off.

      Obama launched his career from the home of two domestic terrorists William Ayers and Bernadine Dohrn, and collaborates with radical groups like ACORN under the guise of “community organizing”. He sat in a church for over 20 years listening to the sermons of a rabid moonbat who “god-damned” America and railed against “whitey” and Jews.

      Some of the world’s worst dictators and Islamic goons are head over heels for him. He accumulated William Ayers, Bernadine Dorhn, Frank Marshall Davis, Saul Alinsky, Hugo Chavez, Mahmoud Amahdinejad, Louis Farrakhan, Daniel Ortega, Jeremiah Wright, the Arab-American Action network, CAIR, and Hamas among his associates, admirers, supporters, and mentors. He’s a human bug light for despots, terrorists, and hate spewers. No wonder the Islamic extremists salivated for a ‘change’ they can believe in.

      “Foreign policy change”? We need a president with balls.

      SFC MAC

  2. Hey there
    Enjoyed your blog, and I have read a few of the other ones as well. Take a look at my blog:; Recent Post about Bush Memo’s! (
    I’d love to dialog with you about perhaps placing a link there so my readers could take a look at what you’re doing.
    Again, keep up the suburb work!
    Aaron Myers

    1. Aaron,
      Thanks for the compliment, but it helps if you actually read the contents of a blog before you comment; especially when it’s diametrically opposed to your leftwing viewpoints. I visited your site, and we’re not exactly political kindred spirits. I just want you to know where I’m coming from, so you won’t be surprised.

      For a good idea of where I stand on the Obamessiah, read the post at this link:

      SFC MAC

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