[12][13][14][15][16][17] 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.

[18] Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[19] Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before US District Court Judge Richard J.

[6][7][8][9][20][21][22][excessive citations] On January 29, 2009, Leon ruled that his CSR Tribunal had appropriated classified al-Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach."

One could argue that he assisted the United States’ effort by surrendering.”[5] A panel of three judges, Janice Rogers Brown, Brett Kavanaugh and Stephen F. Williams convened on October 2, 2009, to hear Ghaleb's appeal.

[5] According to the Blog of Legal Times Charlick had wanted to attend the September 15, 2009, hearing of the appeal of Leon's ruling on Bensayah Belkacem, because his case was similar to Ghaleb's.

According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra University characterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”.

Senior representatives of the Departments of Defense, State, Justice, Homeland Security and the Office of the Director of National Intelligence convened in Washington DC area.

[32] It reported that this individual had fought in Chechnya, lived in Afghanistan, until the fall of the Taliban, had been captured in Saudi Arabia, transferred to Yemen, where he escaped from Prison, and finally travelled to Somalia, where he died fighting for jihadists.