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sovereignty of the people .....
‘A US Ambassador lashed out against a foreign official last week for standing up to the Bush administration - and it wasn't against Hugo Chavez or Mahmoud Ahmadinejad or any of the other usual suspects. It was Canadian Public Safety Minister Stockwell Day - a fundamentalist creationist, anti-abortion, anti-gay rights hawk who once spoke at a "Canadians for Bush" rally. At the onset of the Iraq war, he published a pro-Bush letter in the Wall Street Journal with Stephen Harper, who would become Canada's prime minister in 2006. Day and Harper blasted their own government's opposition to the U.S. invasion and lauded the Bush administration's "fundamental vision of civilization and human values." That conservative lovefest is now over. Last week Day and U.S. Ambassador to Canada David Wilkins exchanged the most hostile tit-for-tat to date over the case of Maher Arar. In 2002, U.S. authorities detained Arar, a Canadian citizen, at JFK airport. After accusing him of having links to al Qaeda, they sent him to Syria, where he was tortured for nearly a year before being released without charge. After an exhaustive inquiry, an independent Canadian commission cleared Arar of any terrorist ties last fall. On Jan. 26, the Ottawa government announced it would apologize for its role in the debacle and compensate Arar to the tune of about U.S. $8.5 million, plus legal fees.’
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meanwhile .....
“The open-ended detention of an Arab student suspected of being an Al Qaeda sleeper agent is setting the stage for the next major showdown over the scope of President Bush's authority to fight terrorism on American soil.
Ali Saleh Kahlah al-Marri has been held in government custody for more than five years & has spent the last three & a half years in a South Carolina military prison under interrogation as a bushit designated enemy combatant.
For 17 months of that time he was held incommunicado, with no ability to consult a lawyer, appear before a neutral judge to test the legality of his detention, or even tell his wife & five children he was alive.
Mr Marri's lawyers say his confinement by military authorities rather than in the civilian justice system violates both US law & the Constitution.
Lawyers for the government disagree. They say the president is acting within his powers to protect the country from a second wave of terror attacks following 9/11.
This week Marri's case goes to a three-judge panel of the Fourth Circuit Court of Appeals. Analysts say the dispute may ultimately wind up in the US Supreme Court, with a potential landmark ruling on a key question: what rights does a non-citizen legal resident have when the government names him an enemy combatant?
Test Of Bush's Terror-Fighting Authority Heads To Higher Court