US legal analysts say the Navy SEALs who killed Osama bin Laden in his compound in Pakistan were acting within the full authority of both international and American law.
The Afghan, who said tortured into falsely confessing that he attacked US troops, has spent nearly one third of his life in the detention center.
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.
The move places the last remaining "enemy combatant" in the US before a civilian court instead of a military tribunal.
He ordered the case of enemy combatant Ali Al-Marri, who has been held in solitary confinement for five years without charges, to be moved to the US criminal justice system.
The new administration’s stance in a rendition case raises questions about how much it will break from past policy.
In three executive orders signed Thursday, he departs sharply from Bush's policies on Guantanamo, CIA prisons, and harsh interrogation tactics.
Justices agreed Friday to hear the appeal of terror suspect al-Marri, held without charge for more than five years.
Its new term, which starts Monday, includes cases on detainees and TV language.