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President George W. Bush lacks the power to order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative who is the only person being held in the United States as an "enemy combatant," a U.S. appeals court ruled on Monday.
...
the appellate panel ruled the government's evidence afforded no basis to treat Ali Saleh Kahlah al-Marri as an "enemy combatant" and ordered his release from military custody.