[13] Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.

When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them.

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.

[27][28] Zahir's assessment recommended his continued detention under DoD control and was signed by camp commandant David M Thomas Jr. Zahir was charged with conspiracy, aiding the enemy and attacking civilians in connection with the grenade attack that wounded Canadian reporter Kathleen Kenna.

[31][32] Although the rules for Military Commissions required the suspect to be given a copy of the charges against them in a language they could read, Zahir had not been given a translation.

According to Jamil Dakwar, the director of the ACLU's Human Rights Program, an observer at Zahir's April 5 hearing, the military commission system "...is a deficient system rife with legal and procedural problems..."[33] Dakwar noted that Zahir's hearing was the first when the Presiding Officer wore a black robe, like a civilian judge.

Bogar dropped his motion, telling reporters later he was satisfied with the answers he received from Chester and the jury members.

Vermont lawyer David Sleigh, Zahir's pro-bono habeas attorney, told the Associated Press he was one of the transferred men.