The Supreme Court on Friday agreed to decide the most fundamental question yet concerning executive power in the age of terror: Can the president order the indefinite military detention of people living in the United States?
In a brief filed three weeks ago, lawyers for Mr. Marri, who has been held without charge in isolation for more than five years, said the court should not delay consideration of the case.
“Since the nation’s founding,” the brief said, “persons lawfully residing in this country have correctly understood that they can be imprisoned for suspected wrongdoing only if the government charges them with a crime and tries them before a jury.”
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