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Ali Saleh Kahlah al-Marri

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Ali Saleh Kahlah al-Marri
Born1966 or 1967
Qatar
Occupation(s)Graduate student, former auditor
Known forDetention as enemy combatant in the United States; guilty plea for conspiracy to provide material support to terrorism

Ali Saleh Kahlah al-Marri (Arabic: علي صالح كحلة المري), born between 1966 and 1967, is a Qatari national who received an eight-year sentence in a U.S. federal prison after entering a guilty plea as part of a 2009 plea agreement.

Al-Marri, who was pursuing graduate studies at Bradley University and held legal residency in the United States, was taken into custody in Illinois in December 2001. Initially charged with credit card fraud in 2003, his status was later changed to that of an enemy combatant, leading to his transfer into military detention. He endured six years in solitary confinement at the Naval Consolidated Brig located in Charleston, South Carolina, distinguishing him as the sole non-citizen detained as an enemy combatant on U.S. soil following the events of September 11.

In the 2008 case Al-Marri v. Wright, the Fourth Circuit Court determined that since he was a legal resident apprehended within the United States, he was entitled to contest his detention before a federal court and required either formal charges or release. The Supreme Court consented to review this decision.

After a shift in administration, his case was reassigned to the Department of Justice and civilian judicial system in 2009, which rendered the Supreme Court's review unnecessary. On April 30, 2009, al-Marri admitted guilt to conspiracy involving material support for a foreign terrorist organization.

Early life and education

Ali Saleh Kahlah al-Marri was born in Qatar around 1966 or 1967, based on U.S. government estimates. He relocated to the United States for advanced education and maintained legal residency status. Al-Marri attended Bradley University, a private institution situated in Peoria, Illinois.

Prior to his arrival in America, he reportedly spent close to ten years working as a principal auditor at Qatar Islamic Bank and subsequently served as a senior auditor within the Qatari government.

Arrest

Al-Marri’s initial detention occurred during a routine traffic stop in Peoria, Illinois in December 2001. Federal authorities held him as a material witness in civilian detention facilities located both in Peoria and New York City.

By 2002, federal prosecutors had charged him with offenses including making false statements to the FBI and financial entities, identity theft, and credit card fraud. Investigators alleged he controlled over 1,750 stolen credit card numbers and had fabricated identification documents. Additionally, phone records linked him to a Dubai number associated with Mustafa al-Hawsawi, who was suspected of financing al-Qaeda activities.

Agents discovered files on his computer labeled "jihad arena" and "chem," which contained data about hydrogen cyanide, a poisonous chemical weapon agent. They also uncovered recordings of speeches by Osama bin Laden along with connections to websites related to weaponry and satellite technology.

In 2003, during the Bush administration, al-Marri was designated as an "enemy combatant"; consequently, federal charges were dropped and he was transferred into military custody at the Naval Consolidated Brig in Charleston, South Carolina. Notably, his arrest occurred while he was legally residing within the United States.

Enemy combatant

Following the Supreme Court ruling in Rasul v. Bush (2004), which affirmed detainees’ rights to challenge their confinement, Al-Marri gained access to legal representation in October 2004. His attorneys reported that he faced harsh conditions including extreme cold temperatures, inadequate bedding and clothing, and was deprived of all reading materials except for a Qur'an. Guards allegedly withheld information about the direction of East necessary for prayer orientation; his cell window was translucent rather than clear, preventing visibility outside; moreover, there was no clock available to monitor prayer times. The absence of personal hygiene items further impeded his ability to perform ritual cleansing.

In October 2004, Al-Marri informed counsel that he had not been subjected to interrogation for an entire year. His defense team sought relief through a writ of habeas corpus challenging his detention.

In October 2008, the military disclosed 91 pages of memos from 2002 authored by officers at the Naval Consolidated Brig expressing concern over Al-Marri’s mental health and that of other detainees held under solitary confinement conditions. These documents highlighted how isolation and sensory deprivation were negatively impacting their psychological well-being.

On November 13, 2006, the United States Department of Justice submitted a motion to the United States Court of Appeals for the Fourth Circuit, asserting that under the provisions of the Military Commissions Act of 2006, Al-Marri should face trial before a military tribunal as an enemy combatant instead of proceeding through civilian courts. The DOJ maintained that this Act eliminated federal court jurisdiction over habeas corpus petitions by aliens classified as "enemy combatants."

After extended legal proceedings, classified records justifying Al-Marri’s detention were released by the government. On September 9, 2004, Jeffrey N. Rapp, Director of the Joint Intelligence Task Force for Combating Terrorism, provided a detailed 16-page affidavit claiming that Al-Marri intended cyberattacks targeting U.S. banking infrastructure aimed at economic disruption and possessed technical knowledge about hydrogen cyanide beyond mere academic interest.

In al-Marri v. Wright (June 11, 2007), the Fourth Circuit determined that the Military Commissions Act could not strip Al-Marri of constitutional rights allowing him to contest his detention; it ordered his transfer from military custody either into civilian detention or release pending trial.

An en banc rehearing on October 31, 2007 resulted in a narrow July 15, 2008 ruling (5-4) confirming that if allegations were accurate, indefinite enemy combatant detention could be justified but due process safeguards had not been adequately provided to substantiate those claims. Consequently, the case was sent back to trial court without clear instructions on subsequent proceedings.

Reports on November 9, 2008 indicated that Al-Marri’s attorneys petitioned the United States Supreme Court to overturn lower court decisions permitting military detention despite his lawful U.S. residency status. The Supreme Court agreed on December 5, 2008 to hear arguments on this matter.

On January 22, 2009, President Barack Obama issued guidance directing a review of Al-Marri’s classification alongside detainees held at Guantanamo Bay detention camp.

The New York Times editorials

In a November 24, 2008 editorial entitled "Indefinite Detention," The New York Times condemned the George W. Bush administration's policy on enemy combatants, urging the Supreme Court to rule that presidents lack the authority to detain individuals indefinitely based solely on alleged terrorism connections.

Later, on December 8, 2008, the editorial board published "Tortured Justice," emphasizing how cases such as Ali al-Marri's and Maher Arar's rendition raised critical concerns about American civil liberties. The piece also underscored the challenges faced by the Obama administration in defending these cases within the judicial system.

Court case

In response to this legal and public scrutiny, Al-Marri’s proceedings were transferred from military jurisdiction to federal court. In 2009, he entered a plea agreement, admitting guilt to conspiracy charges related to supporting a terrorist organization, resulting in an eight-year prison sentence.

According to a February 2009 report by The New Yorker, the Department of Justice under President Obama intended to formally charge al-Marri. On February 27, Attorney General Eric Holder announced a two-count indictment accusing al-Marri of providing material assistance to al-Qaeda. Concurrently, the Office of the Solicitor General sought dismissal of his Supreme Court case, planning to move him into DOJ custody for prosecution following the Court’s decision.

On March 6, 2009, the Supreme Court dismissed his petition and sent the case back to the Fourth Circuit Court of Appeals, which later declared it moot. Subsequently, al-Marri appeared before a Charleston, South Carolina judge who denied bail and ordered his transfer to Illinois. There, he entered a not guilty plea before Judge Michael Mihm, who set a trial date for May 26 and required full disclosure of evidence to the defense.

Al-Marri was then returned to federal court in Peoria, where he acknowledged understanding the charges against him. In March 2009, custody of al-Marri shifted from military control to civilian authorities in Peoria.

Guilty plea

On April 30, 2009, al-Marri admitted guilt to conspiracy charges involving providing material support to a foreign terrorist group. He confessed to attending terrorist training camps between 1998 and 2001, where he learned about weapons and operational security measures. He also revealed meetings with Khalid Sheikh Mohammed, during which he offered his services to al-Qaeda. Mohammed instructed him to enter the United States by September 20, 2001, and await further directives. While enrolled at Bradley University, al-Marri conducted online research on cyanide and maintained communication with al-Qaeda operatives.

On October 29, 2009, al-Marri was sentenced to an eight-year term in prison, taking into account nearly eight years already served. In March 2010, he was transferred from Federal Correctional Institution, Pekin to the Florence Supermax facility in Colorado. His scheduled release date was January 18, 2015.

On October 12, 2011, the Charleston Post and Courier published findings from documents obtained after an eight-year Freedom of Information Act request concerning detainees held during the "war on terror." Among these was a 2005 memorandum exchange between prison commander E.P. Giambastiani and Charles Stimson, Deputy Assistant Secretary of Defense for Detainee Affairs, requesting that al-Marri be transferred to Guantanamo Bay.

The report noted that this information held particular relevance amid ongoing inquiries into detainee suicides at Guantanamo in 2006, where victims were discovered with rags stuffed into their throats.

Qatari response

In 2008, the United States sought access to al-Marri's banking information to aid in legal proceedings. Qatar reportedly expressed frustration after Washington transferred a different suspected terrorism financier to Sudan instead of al-Marri, subsequently refusing the request.

Release and return to Qatar

Al-Marri was sent back to Qatar on January 18, 2015. It is believed that his release was connected to a proposed prisoner exchange negotiated by Qatar. In July 2014, an individual associated with Qatar’s attorney general, Ali Bin Mohsen Bin Fetais Al Marri—allegedly a relative of Ali Saleh al-Marri—approached the U.S. Ambassador to Qatar. This person offered assistance in securing the freedom of Matthew and Grace Huang, an American couple detained in Qatar following the death of their adopted daughter, a case condemned by human rights organizations as a politically motivated trial. The U.S. Department of State has denied any involvement in such an arrangement. Eventually, the Huangs were freed after their conviction was overturned.

Upon his return, al-Marri received widespread acclaim from notable Qatari personalities, including a veteran member of Al Jazeera’s board, representatives from the foreign and interior ministries, and the editor-in-chief of Qatar’s leading newspaper, al-Arab. The prime minister of Qatar also extended congratulations through a phone call.

His repatriation was also commended by Abdulrahman al Nuaymi, designated as a Specially Designated Global Terrorist, who continues to live with legal immunity in Qatar.

The decision to release al-Marri to Qatar rather than Saudi Arabia—whose passport he used to enter the United States—drew criticism toward the U.S. Concerns persist regarding Qatar’s lenient approach toward terrorism financing and the risk that al-Marri might resume involvement in planning attacks against the United States.

Allegations of torture

Al Jazeera reported claims from one of al-Marri’s attorneys that he endured "dry-boarding," a severe and hazardous form of torture.

See also

External links

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