Abu Zubaydah : biography
Respondent [The United States Government] does not contend that Petitioner [Abu Zubaydah] was a "member" of al-Qaida in the sense of having sworn a bayat (allegiance) or having otherwise satisfied any formal criteria that either Petitioner [Abu Zubaydah] or al-Qaida may have considered necessary for inclusion in al-Qaida. Nor is the Government detaining Petitioner [Abu Zubaydah] based on any allegation that Petitioner [Abu Zubaydah] views himself as part of al-Qaida as a matter of subjective personal conscience, ideology, or worldview. Pg. 36
The Government has not contended in this proceeding that Petitioner [Abu Zubaydah] had any direct role in or advance knowledge of the terrorist attacks of September 11, 2001. Pg. 82
For example, for purposes of this proceeding the Government has not contended that Petitioner [Abu Zubaydah] had any personal involvement in planning or executing either the 1998 embassy bombings… or the attacks on September 11, 2001. Pg. 34
Charge sheet discrepancies
In 2005, the U.S. Government charged several detainees at Guantanamo Bay and ordered them to stand trial in Military Commission Tribunals. Of the ten detainees charged, four of them, Binyam Mohamed, Ghassan Abdullah al Sharbi, Sufyian Barhoumi, and Jabrad Said bin Al-Qahtani referenced Abu Zubaydah in their charge sheets. Department of Defense Website Department of Defense Website Department of Defense Website Department of Defense Website Three of the four detainees, Ghassan Abdullah al Sharbi, Sufyian Barhoumi, and Jabran Said bin Al-Qahtani, had identical 2005 charge sheets and referenced Abu Zubaydah in six different paragraphs. The fourth detainee, Binyam Mohamed, referenced Abu Zubaydah five times.
In 2006, before the U.S. Government could hold a trial of the four detainees in a Military Commission Tribunal, the Supreme Court struck down the Tribunals as unconstitutional in Hamdan v. Bush, as they had not been authorized by Congress.Joseph Margulies Guantanamo and the Abuse of Presidential Power Simon & Schuster, 2007, The Guardian, June 30, 2006 Congress passed the Military Commissions Act of 2006, giving Bush most of what he asked for. Under the new law, the Department of Defense charged Binyam Mohamed, Ghassan Abdullah al Sharbi, Sufyian Barhoumi, and Jabran Said bin Al-Qahtani in new filings in 2008., Department of Defense
The new 2008 charge sheets contained almost identical charges against each of the four detainees, as were found in their 2005 charge sheets. Department of Defense Website Department of Defense Website Department of Defense Website Department of Defense Website However, Abu Zubaydah’s name was entirely removed from each detainee’s charge sheet. On October 21, 2008, all charges were dropped against the four men. Reuters, October 21, 2008, Los Angeles Times, January 30, 2009
Binyam Mohamed was released from Guantanamo Bay on February 20, 2009. He has been removed from the Department of Defense Military Commissions Page., BBC News, February 23, 2009
Noor Uthman Muhammed, the alleged emir of Khalden Camp, was charged in 2008 with conspiring with Abu Zubaydah against the United States. However, the charges against Noor Uthman Muhammed were dropped on October 21, 2008. The U.S. Government recharged Noor Uthman Muhammed on December 22, 2008.
International cases involving Abu Zubaydah
Several individuals being held or tried internationally, who have been connected by the U.S. Government to Abu Zubaydah, have had their charges dropped, been released, or received other relief from their handlers.
Abousofian Abdelrazik was alleged by the State Department to be closely associated with Abu Zubaydah. The America’s Intelligence Wire, July 26, 2006 In 2008, Canada asked the United Nations to remove Abousfian Abdelrazik from its terrorism watch-list.Paul Koring Globe and Mail, February 5, 2008 In June 2009, Canada agreed to repatriate Abousfian Abdelrazik from Sudan where he has been stranded since 2008. AFP, June 18, 2009