The Constitution applies to the latter, not the former.

Wrong. It applies to the former equally. A spy, regardless of how they enter the United States, is subject to our legal system once on our soil. That’s why the Coast Guard tries to turn boatloads of putative illegal immigrants around before they reach our soil, because, once they are on our soil, regardless of their reason for entering, they are protected by our legal system.

There is not one legal system for illegal immigrants and another for legal ones — it’s the same system for all.

The only reason the Nazis were handled the way they were was because they had noone to speak up for them. They were certainly far more deserving of justice than the jihadis, since the Nazis stepped onto our shores wearing German uniforms. This was another judicial overreach by FDR, analogous to his infamous Executive Order 9066.

I thought all these jihadis wanted to get a shot at those 72 virgins right away…you know, do the martyr thing?

Hope he gets a rather large cell mate, named Bubba Joe Bob, who likes his cellmates to put on a simple cotton shift from time to time…maybe a little lipstick.

Creepy Charles Manson pic there, too.

I feel safer already.

Now, where does 15 years measure against every other criminal’s sentence?

Holder is a deluded fool. The American government walks away from this case with its tail between its legs. It was thwarted at every turn by our own legal system. Read back over the details of what Al-Marri was up to and tell me with a straight face that justice was served. The criminal justice system failed us.

Posted by Gabriel Malor at 09:13 PM @ Ace of Spades HQ

The Rosenbergs were legal residents and they got what this guy deserved.

Johan Klaus on May 1, 2009 at 10:01 AM

How is 15 years going to deter terrorists?

So even if you lie on your Visa application and get into the US, you still get all those protections?

These terrorist scum deserve no quarter. They should dangling at the end of a hangmans noose. Then their bodies should be covered in pigs blood and cremated. They can ask forgiveness from thier god when they meet him,they will get no forgiveness for spilling the blood of Americans.

he would have nothing to gain by testifying against his friend KSM.

ThackerAgency on May 1, 2009 at 9:57 AM

it depends. maybe it was already part of the bargain. we can also just use his guilty plea to convict KSM.

Update: Commenters wonder why al-Marri didn’t get the same treatment that Nazi saboteurs got during WWII. For one thing, the Nazis snuck into the country, while al-Marri came on a visa and was a legal resident of the US. The Constitution applies to the latter, not the former.

The Rosenbergs were legal residents and they got what this guy deserved.

Reaps on May 1, 2009 at 9:54 AM

think again

laugh or cry

Once he is sentenced, our justice system has no leverage. It is what it is. Unless there is another charge and trial, he would have nothing to gain by testifying against his friend KSM.

Ace has a very different spin on this – he thinks this case shows the folly of fighting the war on terror in U.S. courts. I think I agree with him.

rockmom on May 1, 2009 at 9:45 AM

+1

Like this?

right2bright on May 1, 2009 at 9:45 AM

This site always comes back to Blazing Saddles.

why would he testify against KSM?

he just made a deal and started to sing. why would he not testify?

This should get sorted sooner than later as terrorism is a given with Islam.

In exchange, the terrorist will get no more than 15 years in prison: al-Marri came on a visa and was a legal resident of the US. The Constitution applies…

I question the visa application that does not explicitly state and require applicant signature to the non-viability of Constitutional protection for terrorists, regardless of citizenship or residency status, legal or illegal.

have al-marri testify.

sesquipedalian on May 1, 2009 at 9:46 AM

why would he testify against KSM? He will lie like he has for the past 6 years. He thinks this is a deal. He’ll spend 15 years (probably JUST 8) with 3 meals and a cot. Likely recruit for his cause. When he gets out he’ll be a hero and the US will be even weaker when he gets out than when he went in.

Why do you believe he would testify against KSM to become a pariah of people he supports? His sentence is done. You do realize he can’t get a better deal by testifying against KSM once his trial is done in our ‘justice’ system don’t you?

During the nearly six years that Ali Saleh Kahlah al-Marri spent in isolation in a Navy brig as the last enemy combatant held on United States soil, he denied the government’s charges that he was a sleeper agent for Al Qaeda, his lawyers said. But on Thursday, in a federal courtroom in Peoria, Ill., that denial fell apart when Mr. Marri reached a deal with the government to plead guilty to conspiracy to provide material support to Al Qaeda

torture and inhumane treatment don’t work. the justice system does. let’s finally put KSM on trial and have al-marri testify.