Al-Qahtani, Sufyian Barhoumi, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi face conspiracy to murder charges in relation to being part of a bomb-making cell.

[12] The three were captured with Abu Zubaydah, long believed to be a senior member of the al Qaeda leadership, in a safehouse in Faisalabad, Pakistan.

That year, Congress passed the Military Commissions Act of 2006, to authorize a separate system to prosecute enemy combatants and respond to issues raised by the Court.

On October 21, 2008, Susan J. Crawford, the Bush official in charge of convening the Office of Military Commissions, announced that the charges were dropped against Jabran Al Qahtani and four other captives, Binyam Mohamed, Ghassan al Sharbi, Sufyian Barhoumi, and Noor Uthman Muhammed.

[14][15] Carol J. Williams, writing in the Los Angeles Times reports that all five men had been connected to Abu Zubaydah—one of the three captives whom the CIA has acknowledged was interrogated using the technique known as "waterboarding", commonly thought of as torture.

When he assumed office in January 2009, President Barack Obama made a number of promises about the future of Guantanamo.

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.