Charleston, SC -An alleged al-Qaida (web | news) sleeper agent is back in front of a federal magistrate as his attorneys seek to have him released on bond before his trial.

Ali al-Marri was held in a Charleston-area Navy brig as an enemy combatant without charge for more than five years.



If the case does continue Savage must convince the judge that his client is neither a danger to the community nor a risk to flee.

In court on March 18 his attorney Andy Savage requested a 30 minute recess to try and resolve issues in the case.

Savage told Federal Judge Carr that he believes the US Marshals service may have compromised a conversation with his client, Ali Al-Marri. He said he believes the marshals may have audio recordings of that conversation. Savage said he knew he was being "video" recorded but was under the understanding that his audio would be privileged.

The government said they have obtained the video tapes and are looking into whether or not there is audio.

If the matter is not resolved this morning-savage has requested to waive the detention hearing to another time.

Prosecutors from the us attorneys office said they're ready to proceed.

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