al-Marri v. Spagone, 555 U.S. 1220 (2009), was a legal case in which the United States Supreme Court had to decide whether individuals can be imprisoned indefinitely for suspected wrongdoing without being charged with a crime and tried before a jury.

[3] The Fourth Circuit had ruled that a United States resident cannot be held on suspicion of terrorist activities, but must be charged in a domestic court or released.

[4] The federal government asserts he is a sleeper agent for the terrorist organization Al-Qaeda, sent to the United States to explore disruptions of the country's financial systems.

Dissenting from the opinion, Judge Henry E. Hudson indicated that he believed Bush possessed the authority to detain alleged sleeper agents such as al-Marri, "the type of stealth warrior used by Al Qaeda".

[5] The decision of Judge Motz was subsequently set aside and the case was reheard en banc on August 22, 2007, by the entire Fourth Circuit Court of Appeals.