Bush Hammered On WOT Tactics (Again)

Writing for the majority, Judge Motz ordered the trial judge in the case to issue a writ of habeas corpus directing the Pentagon “within a reasonable period of time” to do one of several things with Mr. Marri. He may be charged in the civilian court system; he may be deported; or he may be held as a material witness; or he may be released.

“But military detention of al-Marri,” Judge Motz wrote, “must cease.”

At The Moderate Voice, Jason Steck acknowledges that calling someone an "enemy combatant" is "a problem" ... "[because] there is no check on its application." However, he believes this ruling gives "al-Qaeda ... a huge advantage."

When German sleeper agents attempted to infiltrate the United States on a sabotage mission during World War II, they were captured, subjected to a military tribunal, and held until the end of hostilities. The 4th Circuit opinion snatches this weapon out of the hands of U.S. officials now fighting a much more difficult enemy.

What do you think -- is the majority judicial view the correct one? Or does Jason make good points?

See Court To Bush: Gitmo Trials Illegal, First Indictment on Extraordinary Rendition on the Horizon, Order and Liberty in a Time of Terror.