Al Qaeda suspect arrested in 2001 faces U.S. judge

[David]

CHARLESTON, South Carolina (Reuters) – An accused al Qaeda sleeper agent finally appeared before a U.S. judge on Tuesday after nearly six years in isolated military custody, only to be told he must wait until he is moved to another state before he can enter a plea on charges of supporting terrorism.

Ali al-Marri, a 43-year-old with dual citizenship in Qatar and Saudi Arabia, smiled as he chatted with his lawyer during his first trip out of the Consolidated Naval Brig in Charleston, South Carolina, since 2003.

A stocky man with long dark hair and a long beard tinged with gray, Marri looked healthy and wore a gray sweatshirt, gray sweatpants, white cap and Nike tennis shoes.

Marri, whose lawyer had expected he would enter a plea of not guilty on Tuesday, is scheduled to return to court in Charleston on March 18 for a bond hearing. Prosecutors contend he is a danger to the community and a flight risk and should stay locked up pending trial.

Assistant U.S. Attorney Kevin McDonald said that after next week's hearing, Marri likely would be transferred to Illinois, where he will enter his plea in the district where he was charged. A federal grand jury in Peoria, Illinois, indicted Marri last month on charges of conspiring with al Qaeda and providing material support for terrorism.

Marri was the last person held in the United States as an "enemy combatant" under a Bush administration policy that allowed those the president considered to be terrorists to be held indefinitely without charge.

Following a review ordered by President Barack Obama, Marri's case was transferred to the U.S. court system.

SOME EVIDENCE EXPECTED

Marri, who stood before the judge in handcuffs and wearing bifocals during the 15-minute hearing, answered "Yes sir," when U.S. Magistrate Judge Robert Carr asked if he understood his rights and whether he wanted to keep his current attorney.

The indictment against him contains no details about the charges. U.S. authorities have said previously that Marri is suspected of being an al Qaeda "sleeper" agent sent by Osama bin Laden and by Khalid Sheik Mohammed, the mastermind of the September 11, 2001 attacks, to disrupt the U.S. financial system by hacking into bank computers.

Savage said next week's bond hearing will require government prosecutors to present some of the evidence against Marri. Savage plans to present witnesses to defend his client, who is married and has five children. He has asked that two of Marri's brothers travel to the United States to participate.

McDonald also told the judge that the U.S. Immigration and Customs Enforcement has prepared a detention order against Marri, asserting that he is in the country illegally.

Savage disputed that and noted that when he was arrested in December 2001, Marri was a college student with a valid visa.

"His status was lawful," Savage said after the hearing. "He came here openly with the approval of his government and the American government."

Marri was studying in Illinois when he was arrested in December 2001 in an investigation of the September 11 attacks. He was charged initially with credit card fraud and making false statements to the FBI, and pleaded not guilty.

The charges were dropped in 2003, when President George W. Bush declared him an "enemy combatant" and sent him to the military prison in South Carolina.

Marri was taken from the brig to the federal courthouse in downtown Charleston before daybreak. He was disappointed that all he could see were the headlights of other vehicles but hoped to get a glimpse of the area on his return trip to the brig, Savage said.

Marri is officially in the civilian custody of the U.S. Marshals now but will stay at the brig until his transfer to Illinois.

The International Committee of the Red Cross photographed Marri during a visit in January and sent the photo to his family. Savage said it was the first image of him his wife and children have seen in more than seven years.

Despite the years of isolated detention, Savage said his client harbored no animosity. "You don't see any signs of bitterness," Savage said. "You see someone who is grateful to go to court today."