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MIXED RULING
The Bush administration has the authority to capture and detain suspected enemy combatants in the U.S. but must give them an adequate opportunity to challenge their military detention, a closely divided federal appeals court ruled Tuesday.
The decision by the 4th U.S. Circuit Court of Appeals was a mixed bag -- part victory and part setback -- for both the administration and Ali al-Marri, the only enemy combatant seized and held on U.S. soil. The administration has claimed broad power to detain enemy combatants suspected of terrorism.
In a 5-4 ruling, the court said the government had authority to hold al-Marri, a legal U.S. resident, in military custody if charges against him are true. That decision vacated last year's 2-1 panel ruling ordering an end to al-Marri's military detention.
However, the court also split 5-4 on the question of whether al-Marri was denied due process. The majority said he was and that additional hearings are necessary in U.S. District Court to allow al-Marri to challenge whether he was properly designated an enemy combatant.
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