He was originally charged by a military tribunal with "conspiracy and providing material support for terrorism," but the process of military tribunals was challenged in a case that went to the US Supreme Court. In Hamdan v. Rumsfeld (2006), the Court ruled that the military commissions as set up by the United States Department of Defense were flawed and unconstitutional.[3] DOD continued to hold Hamdan as an enemy combatant at Guantanamo.