You will be hearing a lot about this on all the talk shows. The AP is reporting that the 4th Circuit Court of Appeals has just held the Bush administration cannot legally detain a U.S. resident it suspects of being an al-Qaida sleeper agent without charging him.
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution — and the country," the court panel said.We are talking about the 4th Circuit Court of Appeals, the most conservative in the country. In short, the court held that the Military Commissions Act does not deprive US residents of the right of Habeas Corpus.
If you want to read more about this case (Al-Marri v. Wright), including the briefs, go to the Brennen Center for Justice website.