In the Hamdi decision the Supreme Court ruled that US citizen detainees have a right to bring a habeas case to challenge their detention and that they should have access to counsel for it.
Why then is the Bush-Rumsfeld Dept. of Defense, abetted by the Ashroft Justice Dept. refusing to allow a lawyer access to Ali Saleh al-Marri? Is it because he is not a US citizen?
Charleston attorney files motion to see man held as enemy combatant at Naval Brig: Attorney Andy Savage filed a motion in federal court last week demanding to see al-Marri, who has been held without access to family, friends or attorneys.
The US Supreme Court last month ruled it was unconstitutional to hold someone indefinitely and says detainees should be able to challenge their detention.
The motion Savage filed says al-Marri's attorneys asked assistant prosecutor David Salmons about the matter and was told the government could not allow him to see a lawyer. A spokesman for the Justice Department refused comment.
I do not see how Ali Saleh Kahlah al-Marri's Qatari citizenship will suffice to block his right to a hearing, and to counsel to prepare for it. And I can't imagine any other grounds the government could have for this behavior.
Update: Scrivener's Error says that I am not cynical enough.
Further update: The article I linked to above now says, “Attorney Mark Berman says the Justice Department approved meetings with Ali Seleh al-Marri in a phone call on Tuesday night, and the lawyer expects to meet with al-Marri within two weeks.” That's good.