"But his trial never took place, because in June, 2003 -- one month before the scheduled trial -- President Bush declared him to be an 'enemy combatant.' As a result, the Justice Department told the court it wanted to turn him over to the U.S. military, and thus asked the court to dismiss the criminal charges against him, and the court did so (the dismissal was 'with prejudice,' meaning he can't be tried ever again on those charges). Thus, right before his trial, the Bush administration simply removed Al-Marri from the jurisdiction of the judicial system -- based solely on the unilateral order of the President -- and thus prevented him from contesting the charges against him."
November 14, 2006
Military Commissions Act
Read Glenn Greenwald's take on this: