Originally, the BushPresidency 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. In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who "The military alleges... traveled to Afghanistan for jihad."
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who "The military alleges... took military or terrorist training in Afghanistan."
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who "The military alleges... were at Tora Bora."
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who "The military alleges... served on Osama Bin Laden's security detail."
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who was an "al Qaeda operative".
Muhammad Ahmad Abdallah Al Ansi was listed as one of the captives who had "denied all the government allegations."
Al Ansi chose to participate in his Combatant Status Review Tribunal. Shortly after his Tribunal procedures were explained to him Al Ansi expressed concern over how long the Tribunal would last, and asked to leave. The Tribunal reconvened after he had been removed long enough for the Tribunal's President to review Al Ansi's election form, which recorded that he had originally wanted to attend his Tribunal. Al Ansi chose to participate in his Administrative Review Board hearing. Al Ansi requested a copy of the proceedings of his Tribunal. He told his Board that he had requested it five days prior to his Board. He told his Board that other detainees had been given copies of their Tribunals. Al Ansi's Board went into closed session to consider his request. When they reconvened in open session Al Ansi was told that he would not get access to his Tribunal record because it was classified.
Writ of Habeas Corpus
Al Ansi had a writ of habeas corpus, Civil Action No. 08-cv-1923, filed on his behalf. The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the U.S. Federal Court system. Further, all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". Al-Ansi's petition was filed after the Supreme Court's ruling in Boumediene v. Bush. In late December 2008, the United States Department of Justice proposed amalgamating fifteen separate petitions, including Al-Ansi's, because they claimed those captives were all captured in Tora Bora. On December 30, 2008, United States Department of Justice official Daniel M. Barish informed the court that the DoJ had filed "factual returns" in seven habeas cases, including al-Ansi's.
On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. His 10-page Joint Task Force Guantanamo assessment was drafted on May 17, 2008. It was signed by camp commandant Rear Admiral David M. Thomas Jr. He recommended continued detention.
In April 2015, Jason Leopold succeeded in getting access to the list of 71 individuals who were not cleared for release, and not recommended for holding for trial, who were determined to be eligible for Periodic Review Board hearings. Al Ansi was one of the individuals the task force recommended should face indefinite detention, without charge.
