Obama seeks to keep power of indefinite detention

Suspected Al Qaeda sleeper agent Ali al-Marri is now facing criminal charges, but the Obama administration is refusing to rule out the future use of indefinite detention for terrorism suspects picked up in the U.S. The administration urged the Supreme Court on Friday to dismiss Marri's challenge to the president's authority to detain people in the U.S. indefinitely and without charges. Marri was the only person being held inside this country without being charged, the administration said in court papers, and President Barack Obama "has ordered a comprehensive review of all military detention policies worldwide." But rather than foreclose the use of presidential power or risk an unfavorable court decision that might bind Obama or a successor, acting Solicitor Gen. Edwin Kneedler told the court that there is no "certainty as to whether, or in what circumstances" the issue will arise again. Marri has been held in a Navy brig outside Charleston, S.C., for more than five years since President George W. Bush declared him an enemy combatant in 2003. He will now be transferred to Peoria, Ill., to face trial in a civilian court on a charge of providing material support to Al Qaeda and a related conspiracy count. The charges carry a maximum prison sentence of 15 years each. His lawyer Jonathan Hafetz called the indictment "an important step toward restoring the rule of law" and said he was glad his client's guilt or innocence will now be decided in a courtroom. But Hafetz called on the high court to hold on to Marri's case and reject the sweeping assertion of presidential authority. The court is scheduled to hear arguments in the case on April 27. The administration acted quickly to indict Marri in civilian court so it could seek dismissal of the Supreme Court case without having to file a legal brief that either would defend the Bush administration's position or abandon it. Neither prospect was especially appealing to the young administration, which has moved cautiously on other legal matters involving national security issues. The court asked Marri's lawyers to respond by Tuesday, making it possible that the justices could come to a decision at their private conference Friday. Obama has ordered the military to turn Marri over to the Justice Department, although he will remain in military custody until the high court signs off on the transfer. Marri, a legal U.S. resident when he was arrested in Illinois in late 2001, was at first indicted on charges of credit card fraud and lying to the FBI, not terror charges.