Judge Denies Bail to al-Marri

A federal magistrate judge today denied bail to accused al Qaeda detainee Ali al-Marri. Al-Marri was the third person designated as an enemy combatant by the Bush Administration.

U.S. Magistrate Judge Robert Carr turned down Ali al-Marri's bid to be released on bond, despite the defense's offer of collateral worth more than $1 million and its proposal to keep him guarded in a safe house. Carr said he would issue an order requiring al-Marri be transported to Illinois, where he's scheduled to be arraigned Monday on federal charges of providing material support to terror and conspiracy.

Cheryl Savage, wife of al-Marri's lawyer Andy Savage, wife offered to secure a bond with a commercial property worth at least $1 million, but the Judge rejected the offer.[More...]

She said there was "a very great disconnect" between the menacing portrait of al-Marri painted by the government and the considerate, reverent man she knows. Cheryl Savage, who traveled to meet his family in the Middle East, also presented a video in which the defendant's brother said their elderly mother wishes to see him before she dies.

On March 6, the Supreme Court approved al-Marri's transfer from military custody to civilian custody for a trial on criminal charges in a federal criminal court in Illinois.

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  • Display: Sort:
    OMG, Ms Savage. What are (none / 0) (#1)
    by oculus on Wed Mar 18, 2009 at 06:02:32 PM EST
    you thinking?  

    Huh? (none / 0) (#2)
    by squeaky on Wed Mar 18, 2009 at 06:07:30 PM EST
    Do you have some information that Ms Savage does not?

    Nope. Just an abiding memory (none / 0) (#3)
    by oculus on Wed Mar 18, 2009 at 06:09:33 PM EST
    of a white-haired mom from Nebraska who came out to CA for her son's prelim. on about 20 residential burglary counts.  She posted bail with her home as collateral.  He showed for the a.m. session but didn't make it back for the afternoon session.

    So Bail Is A Bad Idea In General? (none / 0) (#4)
    by squeaky on Wed Mar 18, 2009 at 06:18:25 PM EST
    That one incident formed your perspective on bail? According to this social scientist, forfeiture is about 5-10% annually.

    I cannot imagine al-Marri a flight risk, but what do I know.


    flight risk (none / 0) (#5)
    by diogenes on Wed Mar 18, 2009 at 09:07:18 PM EST
    Didn't I read that his elderly mother in the Middle East "wanted to see him before she dies".  So what is this--when he goes there to visit he's really going to come back?  He has family in a foreign country and you can't even imagine that he might possibly be a flight risk?

    "guarded safe house" (none / 0) (#11)
    by diogenes on Thu Mar 19, 2009 at 03:16:34 PM EST
    Ten al qaida operatives (as Pakistanis in Mumbai attacks) can spring anyone from a "guarded safe house."  Why do you think prisoners are in GITMO and not in a "guarded safe house" in Denver?  Millions of people cross our borders as "undocumented aliens" without passports.  And what exactly is the connection between the "guarded safe house" and the elderly mother (if she can visit him in the safe house, then she could visit him in prison).  It's a short step from "guarded safe house" to "humanitarian visit" allowed to have him travel when his elderly mother develops a "terminal illness".    

    No general opinion on bail. (none / 0) (#9)
    by oculus on Wed Mar 18, 2009 at 11:08:25 PM EST
    Depends on the circumstances.  Doesn't mean I would want to be the stakeholder.

    Hm (none / 0) (#7)
    by Steve M on Wed Mar 18, 2009 at 10:56:47 PM EST
    Is it ethically permitted for a defense attorney to post bond for the client?  And is it that much different if it's the defense attorney's spouse instead?

    Good point. (none / 0) (#8)
    by oculus on Wed Mar 18, 2009 at 11:07:05 PM EST
    It's not ethical (none / 0) (#10)
    by Bemused on Thu Mar 19, 2009 at 08:09:16 AM EST
     for a lawyer to post bond for his client because of the potential for conflict of interest created by placing one's personal assets at risk and the possibility one's duty to the client could come in conflict with one's personal financial interest.

      In a formal sense, if the money was entirely from the spouse's separate assets from which the lawyer receives no benefit it might be considered different.