Emily Bazelon writes in Slate:
Now that Zacarias Moussaoui is eligible for the death penalty and the Supreme Court has made it clear that Jose Padilla will face regular old federal charges, it's time to start following a new 9/11 case. Ali Saleh Kalah al-Marri is the only person whom the Bush administration has accused of being an enemy combatant who is still being held in the United States. Last week, his case took a turn that demonstrates what's gained from trying accused terrorists in federal court, rather than before a military tribunal....
The government's enemy-combatant allegations against al-Marri are contained in the Rapp Declarations, documents signed by Jeffrey Rapp, director of the Pentagon's Joint Intelligence Task for Combating Terrorism. The declarations repeat almost verbatim the charges in the 2002 indictments—they accuse al-Marri of setting up fake bank accounts and fake e-mail accounts; of stealing credit cards; and of keeping on his computer programs used by hackers, speeches by Osama Bin Laden, and photographs of the World Trade Center. Prosecutors said they'd amassed additional evidence tying al-Marri more directly to the 9/11 plot. But that part of the Rapp Declarations was classified, so al-Marri wasn't allowed to see it.
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