Ali al-Bahlul

Ali Hamza Ahmad Suliman al-Bahlul
Born	(1969-09-11) September 11, 1969 Yemen
Occupation	Al-Qaeda public relations chief (alleged)
Known for	Guantanamo Bay detainee; convicted of terrorism-related charges

Ali Hamza Ahmad Suliman al-Bahlul (born September 11, 1969) is a Yemeni national held as an enemy combatant at the United States Guantanamo Bay detention camp since 2002. He refused to participate in the Guantanamo Military Commissions, challenging their jurisdiction.

In November 2008, al-Bahlul was found guilty of overseeing media relations for Osama bin Laden, the founder of al-Qaeda, and received a life sentence following a brief jury review. On January 25, 2013, the United States Court of Appeals for the District of Columbia Circuit overturned most of his convictions, determining that offenses such as conspiracy and providing material support for terrorism were not recognized as international war crimes at that time.

Nonetheless, in October 2016, the D.C. Circuit reinstated his remaining conviction related to criminal conspiracy. The U.S. Supreme Court declined to hear his appeal in October 2017.

Background

According to analysts from Joint Task Force Guantanamo specializing in counter-terrorism, Ali Hamza Ahmad Suliman al-Bahlul served as al Qaeda’s public relations chief, tasked with producing propaganda videos that celebrated attacks against the United States. Additionally, he set up a satellite receiver enabling Osama bin Laden to follow live radio broadcasts of the September 11, 2001 attacks.

Captured on December 15, 2001, near Parachinar while attempting to cross from Afghanistan into Pakistan, al-Bahlul was handed over to U.S. authorities on December 26, 2001.

He was initially charged before the original Guantanamo military commissions, which were later declared unconstitutional by the United States Supreme Court. In 2004, he was placed in solitary confinement.

Official status reviews

After the Supreme Court's decision in Rasul v. Bush, the Department of Defense created the Office for the Administrative Review of Detained Enemy Combatants (OARDEC) to notify Guantanamo detainees of the reasons behind their detention. OARDEC conducted annual reviews between 2004 and 2008.

A 2008 Brookings Institution report led by Benjamin Wittes classified detainees based on allegations supporting their detention. Al-Bahlul appeared among those who:

• Were charged before a military commission.
• Were alleged members of al Qaeda, the Taliban, or affiliated groups.
• Traveled to Afghanistan for jihad.
• Resided in guesthouses linked to al Qaeda or Taliban.
• Received military or terrorist training within Afghanistan.
• Participated in combat for the Taliban.
• Served on Osama Bin Laden’s security team.
• Were identified as part of al Qaeda’s leadership cadre.
• Faced charges as alleged al Qaeda leaders before military commissions.
• Openly admitted affiliation or significant association with al Qaeda, Taliban, or other hostile entities.
• Acknowledged being an al Qaeda leader.

Charged before a military commission

Before the Supreme Court decision in Hamdan v. Rumsfeld (2006), which ruled that the Bush Administration lacked constitutional authority to establish military commissions that deviated substantially from standard U.S. courts-martial procedures, Bahlul faced charges before a Guantanamo military commission. He was indicted alongside Ibrahim Ahmed Mahmoud al Qosi. His initial defense attorney in the military, Lieutenant Commander Philip Sundel, noted difficulties obtaining translator clearance and expressed concerns regarding trial fairness.

Bahlul sought to act as his own counsel before commission president Peter Brownback. This matter was analyzed in an October 2007 article in the Yale Law Journal by Matthew Bloom titled: "I Did Not Come Here To Defend Myself: Responding to War on Terror Detainees' Attempts To Dismiss Counsel and Boycott the Trial". His latest military defense attorney was Major Thomas Fleener.

Following the Supreme Court ruling, Congress passed the Military Commissions Act of 2006, permitting military commissions at Guantanamo to prosecute detainees. On February 9, 2008, Bahlul and Al Qosi were formally charged under this new framework.

Miami Herald journalist Carol Rosenberg reported that under these updated commissions Bahlul was permitted self-representation, a right not granted previously. According to David McFadden of the Associated Press, only three reporters—representing the Miami Herald, Associated Press, and Reuters—covered Bahlul's trial. The legislation explicitly allowed detainees to waive counsel and represent themselves.

Statements from the "Buffalo Six" Members

In late October 2008, three individuals belonging to the group known as the "Buffalo Six" provided testimony during Bahlul's military commission hearings at Guantanamo. They confirmed having viewed a two-hour video that Bahlul had produced.

Judgment

On November 3, 2008, Bahlul was found guilty of conspiring with al-Qaeda, inciting murder, and providing material support for terrorism. He acknowledged his affiliation with al-Qaeda and was sentenced to life imprisonment. Through an interpreter, he stated, "We will fight government that governs America," expressing his resistance to U.S. governance.

Separation from Other Detainees

Following his conviction, Bahlul was segregated from the other prisoners. The Department of Defense defended this action by citing the "Geneva Conventions ... forbids convicts from being held with war prisoners." The authorities assert their right to detain him indefinitely; however, if not convicted, he might be relocated from isolation.

Legal Challenge

Bahlul’s military legal team submitted a 50-page appeal contesting his sentence on grounds related to free speech. This represented the second appeal filed with the Court for Military Commission Review. Bahlul himself abstained from both attending his commission and participating in the appeal process.

The Obama administration suggested reforms that would enable appeals to be initially reviewed by the Court of Appeals for the Armed Forces, with the possibility of further escalation to the United States Supreme Court, thereby broadening judicial oversight beyond the Court of Military Commission Review.

The overturning of Bahlul’s conviction indicated that other prominent Guantanamo cases, including those involving Khalid Sheikh Mohammed, might encounter comparable legal obstacles. His conviction was the second from Guantanamo to be reversed after that of Salim Ahmed Hamdan in 2012. In July 2014, the United States Court of Appeals for the D.C. Circuit invalidated Bahlul's convictions for material support and solicitation on constitutional grounds related to the ex post facto clause. Subsequently, in June 2015, his remaining conspiracy conviction was also overturned; judges concluded conspiracy is not recognized as a crime under international law of war, although one judge dissented.

On September 25, 2015, the D.C. Circuit agreed to rehear the case en banc, concentrating on standards for appellate review and whether Congress exceeded its constitutional authority in defining war crimes.

On October 20, 2016, the full D.C. Circuit upheld Bahlul’s conspiracy conviction by a 6–3 vote. The plurality opinion authored by Judge Brett Kavanaugh asserted that Congress holds authority to define offenses prosecutable by military commissions even if such offenses lack recognition as war crimes under international law. Two judges concurred in affirming but on more limited reasoning; three judges dissented, cautioning about potential constitutional concerns. In 2017, the Supreme Court of the United States declined to review Bahlul's petition for writ of certiorari without providing an explanation.

External links

• "Life imprisonment for al-Qaeda propagandist does not validate Guantánamo proceedings", Andy Worthington, November 3, 2008.
• "Identifying the Remaining Detainees at Guantánamo: Part One — The 'Dirty Thirty'", Andy Worthington, September 15, 2010.