Moath al-Alwi

Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[8][9]

In Rasul v. Bush (2004), the Supreme Court of the United States found that Guantanamo detainees were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them. Following the Supreme Court's ruling, the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[10]

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, with al-Alwi listed as one of those:[11]

• who "The military alleges ... are associated with both Al Qaeda and the Taliban."[11]
• who "The military alleges ... traveled to Afghanistan for jihad."[11]
• who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[11]
• who "The military alleges ... took military or terrorist training in Afghanistan."[11]
• who "The military alleges ... fought for the Taliban."[11]
• who "The military alleges ... were at Tora Bora."[11]
• whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[11]
• who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[11]
• who "The military alleges ... served on Osama Bin Laden's security detail."[11]
• was an "al Qaeda operative".[11]
• who was one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military's allegations against them."[11]

Al-Alwi first petitioned the United States District Court for the District of Columbia for a writ of habeas corpus in 2005, arguing he was not an enemy combatant.[6] The court did not consider the petition until after the Supreme Court of the United States in Boumediene v. Bush (2008) determined that Guantanamo prisoners had a constitutional right to bring such petitions.[6] On December 30, 2008, District Court Judge Richard J. Leon denied Al Alawi's petition.[12]

In a separate ruling, the court also found that Hisham Sliti, "were part of or supported the Taliban", and thus could continue to be held in US custody.[13][14][15] The New York Times called the two rulings: "the first clear-cut victories for the Bush administration", while Andy Worthington noted they represented a "disturbing development".[16] Glaberson reported that Leon stated he did not have to take a position on the Bush administration's claim Al Alawi was an Osama bin Laden bodyguard, that there was enough evidence he had supported the Taliban to confirm his designation as an "enemy combatant".[13]

In July 2011, a unanimous panel of the United States Court of Appeals for the District of Columbia Circuit affirmed, in an opinion by Circuit Judge Merrick Garland which concluded al-Alwi was in fact an enemy combatant lawfully detained under the 2001 AMUF.[17][18]

In December 2014, President Barack Obama announced the withdrawal of U.S. troops from Afghanistan.[6] Al-Alwi then filed a new petition for habeas corpus, arguing that the government's authority to detain him “unraveled” when President Obama declared an end to hostilities.[6] In February 2017, District Judge Leon again denied al-Alwi's petition, finding that hostilities were nevertheless ongoing.[6][19]

In August 2018, a unanimous panel of the D.C. Circuit again affirmed, in an opinion by Circuit Judge Karen LeCraft Henderson.[6][20] She reasoned that the 2001 AUMF had not expired, that the National Defense Authorization Act for Fiscal Year 2012 had further authorized detentions, and that the international law of war permitted detention of enemy combatants as long as "active combat" continued.[6]

Al-Alwi then petitioned for a writ of certiorari from the Supreme Court.[7] In June 2019, the Court denied that petition, with Justice Stephen Breyer including a statement arguing that the Court should at some point consider the constitutionality of continued detentions in a later "appropriate case".[7][21]

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[22][23] A thirteen-page Joint Task Force Guantanamo detainee assessment was drafted for him on March 14, 2008.[24] It was signed by camp commandant Rear Admiral Mark H. Buzby, who recommended continued detention.

When he assumed office in January 2009 President Barack Obama made a number of promises about the future of Guantanamo.[25][26][27] He promised the use of torture would cease at the camp. He promised to institute a new review system. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. 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 9, 2013, that document was made public after a Freedom of Information Act request.[28] Al-Alwi was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama promised that those deemed too innocent to charge, but too dangerous to release would start to receive reviews from a Periodic Review Board. Al-Alwi was approved for transfer on December 27, 2021.[29]

Analysts still continued to assert that he was one of the "dirty thirty", a group of thirty individuals, captured together while fleeing to Pakistan, who analysts maintained were all Osama bin Laden bodyguards.[30]

Al-Alwi's Guantanamo Review Task Force had concurred with earlier review boards, and recommended he be classed as too dangerous to release, although there was no evidence to justify charging him with a crime.[30] Carol Rosenberg, of the Miami Herald, wrote that the recommendation from his Periodic Review Board concluded that he was "probably not" one of Osama bin Laden's bodyguards, but that he seemed to have "spent time with" them.[30]