Initially the Bush Presidency asserted that it didn't have to provide an opportunity for the captives held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.

However the Supreme Court of the United States over-ruled the Bush Presidency in its 2004 ruling in Rasul v. Bush. As a consequence the United States Department of Defense introduced the Combatant Status Review Tribunals, where cpatives were given a limited opportunity to learn some of the allegations that had led to their detention.

The rules for the Tribunals stated that the captives were supposed to be allowed to attend all the unclassified sessions of the Tribunals. In 2006 it was learned that the DoD convended multiple Tribunals for some captives whose initial Tribunal had ruled that they had never been "enemy combatants".

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