That, nevertheless, left unanswered the query of what it could imply if Afghanistan was not an lively zone of armed battle, at the same time as combating raged elsewhere hundreds of miles away.
Mr. Haroon’s case could also be stronger since he’s an Afghan citizen, as opposed to different detainees who the federal government says traveled to Afghanistan to be a part of Osama bin Laden’s Islamist motion. There is just one different Afghan nonetheless at Guantánamo, Muhammad Rahim, 55, however he presents a extra advanced case.
He was initially held in C.I.A. custody as a “high-value detainee,” and his 2016 intelligence profile describes him as a courier and facilitator for Al Qaeda — together with for Bin Laden — who had advance information of the Sept. 11 assaults. He has by no means been charged with conflict crimes.
If the proof is powerful that Mr. Rahim labored instantly for Al Qaeda, the federal government can argue that wartime authority continues to exist to maintain him to stop him from returning to the combat, even when the warfare involving the United States in Afghanistan is over. But his lawyer, Cathi Shusky, a federal defender in Ohio, argued that the proof was weak.
“There’s a reasonable explanation he wasn’t part of either” Al Qaeda or the Taliban, mentioned Ms. Shusky, who mentioned most of the particulars of his case had been categorised, stopping her from elaborating. “There is some twisting of the narrative. I think when the facts are fully revealed, it will show his continued detention is not lawful.”
A U.S. navy consultant for Mr. Rahim, told an administrative review board in March 2016 that Mr. Rahim regretted his previous and needed to return to his two wives and 7 youngsters in Afghanistan. His motivations weren’t ideological, the consultant mentioned, fairly “he only did what he did for money, so he could feed his family.”
His federal courtroom petition for launch has been on maintain for years whereas he sought launch via the board, which has repeatedly declared his detention a national security necessity. But Ms. Shusky mentioned she and one other lawyer had been planning to revive his habeas corpus case in gentle of the choice to pull out of Afghanistan.