We hold that the new statute does not apply to al-Marri, and so we retain jurisdiction to consider his petition. Furthermore, we conclude that we must grant al-Marri habeas relief. Even assuming the truth of the Government's allegations, the President lacks power to order the military to seize and indefinitely detain al-Marri. If the Government accurately describes al-Marri's conduct, he has committed grave crimes. But we have found no authority for holding that the evidence offered by the Government affords a basis for treating al-Marri as an enemy combatant, or as anything other than a civilian.

This does not mean that al-Marri must be set free. Like others accused of terrorist activity in this country, from the Oklahoma City bombers to the surviving conspirator of the September 11th attacks, al-Marri can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely. But the Government cannot subject al-Marri to indefinite military detention. For in the United States, the military cannot seize and imprison civilians -- let alone imprison them indefinitely.

And if it was up to me, I would close Guantanamo not tomorrow, but this afternoon. I'd close it. And I would not let any of those people go. I would simply move them to the United States and put them into our federal legal system. The concern was, "Well, then they'll have access to lawyers, then they'll have access to writs of habeas corpus." So what? Let them. Isn't that what our system's all about? And, by the way, America, unfortunately, has two million people in jail all of whom had lawyers and access to writs of habeas corpus. And so we can handle bad people in our system. And so I would get rid of Guantanamo and I'd get rid of the military commission system and use established procedures in federal law or in the manual for courts-martial. I would do that because I think it's a more equitable way to do it and it's more understandable in constitutional terms. I would always—I would also do it because every morning I pick up a paper and some authoritarian figure, some person somewhere is using Guantanamo to hide their own misdeeds. And so, essentially, we have shaken the belief that the world had in America's justice system by keeping a place like Guantanamo open and creating things like the military commission. We don't need it, and it's causing us far damage than any good we get for it. But, remember what I started in this discussion saying, "Don't let any of them go." Put them into a different system, a system that is experienced, that knows how to handle people like this.