Ali Saleh Kahlah Al-Marri - Court Case

Court Case

The New Yorker, quoting inside sources, reported on February 26, 2009 that al-Marri was to be indicted by Obama's Department of Justice.

On February 27, 2009, Attorney General Eric Holder announced that a federal grand jury in the Central District of Illinois had returned a two-count indictment charging Ali Saleh Kahlah al-Marri, 43, with providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda. He said that the Office of the Solicitor General would move to dismiss al-Marriā€™s pending litigation before the U.S. Supreme Court, and that al-Marri would be transferred to Department of Justice custody for criminal prosecution as soon as the Supreme Court rules on that motion. On March 6, 2009 the U.S. Supreme court dismissed the application, remanded to the Fourth Circuit, and instructed the Fourth Circuit to dismiss the appeal as moot. In March 2009, al-Marri made his first appearance before a judge in Charleston, S.C. After denying al-Marri's request for bail, the South Carolina judge ordered his transportation to Illinois. Al-Marri plead not guilty before Judge Michael Mihm in a U.S. District Court of Illinois. Judge Mihm set the date of the trial for May 26 but added that, realistically, he wanted to "try this case by the end of the year." Mihm also ordered the prosecution to hand over evidence, such as a copy of al-Marri's hard drive, to the defense attorneys.

Al-Marri was scheduled to make his initial court appearance on March 10, 2009 before U.S. Magistrate Judge Robert S. Carr in a federal court in Charleston, South Carolina.

Al-Marri was transported afterward back to the Peoria federal court by the marshals and appeared before Mihm. He indicated to Mihm he understood the charges against him. In March 2009, Al Marri was returned to civilian custody in Peoria, from military custody.

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