The confidential report, published Sunday, could bolster calls for legal action against the Bush administration.
In an audio recording played Saturday by Al Jazeera, the Al Qaeda chief accused Arab states of collaborating "with the Crusader-Zionist alliance" against Muslims.
It is hard to imagine a better portrait of 9/11 and its causes.
Hassan al-Turabi had called for President Bashir to surrender to the International Criminal Court on war-crimes charges.
The decision in the Al-Marri case means the president still has the power to hold 'enemy combatants' indefinitely without charge.
The White House is seeking to protect at least some of its Bush-era privileges.
If militants are home-grown, domestic ambivalence about vilifying such groups could be diminished.
Washington is seeking to build the Pakistani state and its economy as a way to wean the country from Islamic extremism.