Al-Marri's lawyers filed papers to the Supreme Court late Tuesday asking the justices to keep the case alive because the government "has not renounced the legal authority under which al-Marri was designated and detained as an 'enemy combatant' and has made no commitment that al-Marri will not be re-designated and re-detained as an 'enemy combatant' in the future."
The Obama administration once again continues the course of the Bush administration. What they desperately don't want is a Supreme Court decision that states the obvious. Under the US Constitution, a President can not order the indefinite detention of a person.
Of course, the great lie is put forward that Obama is different from Bush.
The transfer signals that Obama is likely to handle accused terrorists in a significantly different way from the Bush administration's aggressive use of preventive detention.
That's a total, bald-faced lie. This case is being handled in exactly the same way the Bush Administration handled the Padilla case. That is they kept him in a military brig up until the moment when the Supreme Court threatened to rule against their power to do so. Then they hurriedly filed criminal charges against Padilla before telling the Supreme Court not to rule because the arguments were no longer valid. Obama is doing EXACTLY what Bush did.