Government Merits Brief - Hamdan v. Rumsfeld

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2. a. In November 2001, petitioner was captured in Afghanistan
during the course of active hostilities in that country
and transferred to the control of the United States armed
forces. After an extensive screening process, petitioner was
determined to be an enemy combatant and transferred to the
U.S. Naval Station at Guantanamo Bay, Cuba, for detention.
b. In July 2003, the President designated petitioner as an
individual subject to the Military Order and eligible for trial
before a military commission. The President found “that
there is reason to believe that [petitioner] was a member of al
Qaeda or was otherwise involved in terrorism directed against
the United States.” Pet. App. 1a-2a. On July 13, 2004, the
Appointing Authority for Military Commissions approved and
referred to a military commission a charge alleging that petitioner
conspired with Osama bin Laden, Ayman al Zawahiri,
and other members and associates of al Qaeda to commit the
offenses of “attacking civilians; attacking civilian objects;
murder by an unprivileged belligerent; and terrorism.” Id. at
65a. The charge alleges that petitioner served as bin Laden’s
bodyguard and personal driver, and that, in that capacity, he
delivered weapons and ammunition to al Qaeda members and
associates, transported weapons from Taliban warehouses to
the head of al Qaeda’s security committee, and drove bin
Laden and other high-ranking al Qaeda operatives in convoys
with armed bodyguards. Id. at 65a-67a.
The charge also alleges that petitioner was aware during
this period that bin Laden—who issued a fatwa in February
1998 under the banner of “International Islamic Front for
Jihad on the Jews and Crusaders” commanding all able Muslims
to kill Americans wherever they may be found—had
launched terrorist attacks against American citizens and
property, including the September 11 attacks. Pet. App. 64a-
65a. Petitioner received terrorist training himself, learning