Peoria, Illinois
30 October 2009
Ali Al-Marri at the Charleston Naval Brig in Charleston, South Carolina (File) |
U.S. District Court Judge Michael Mihm sentenced al-Marri to eight years and four months in prison for his role as an al-Qaida sleeper agent in the months surrounding the 9/11 terrorist attacks in New York and Washington D.C.
During the sentencing hearing Thursday, defense attorneys tried to portray al-Marri as a low level operative, one that had little influence or clout in the al-Qaida organization and had not directly participated in an act of terrorism.
Booking photo of Ali Al-Marri |
Prosecuting attorney Joanna Baltes added that during an emotional closing statement, al-Marri failed to convince the judge he was no longer a threat.
Prosecuting attorney Joanna Baltes |
Despite the judge's misgivings, he did consider the time al-Marri spent in detention without charge. He also factored in the hardship al-Marri faced during interrogation procedures while in detention as an enemy combatant.
Defense attorney Andy Savage had prepared al-Marri for the possibility of a maximum sentence of fifteen years in prison.
Defense attorney Andy Savage |
In the end, al-Marri could serve as little as five years in prison, when factoring good conduct and time already served. He will face deportation once he completes his sentence.
Ali al-Marri is the last of three enemy combatants detained in the United States and held at the U.S. Navy prison in South Carolina. But as Bradley University political science professor Paul Lermack points out, al-Marri's case is not the end of the debate over how to prosecute enemy combatants.
Bradley University Professor Paul Lermack |
One of those fundamental questions concerns the "Authorization for Use of Military Force" concerning people lawfully residing in the United States, and whether or not they can be seized and held indefinitely without being charged.
It is an issue the Supreme Court has yet to rule on, and one the high court will likely face, as efforts move forward to close the Guantanamo Bay detention facility in Cuba.