“ Second, even if the only substance of the witness’s testimony would be the detainee’s motive for leaving Kuwait, this testimony would still be relevant under the circumstances. The President innocently confused two variations on the relevance of motive. While a detainee’s motive for joining or supporting al Qaeda is irrelevant to a determination of their status as an enemy combatant, a detainee’s motive for traveling to Afghanistan could be relevant to determining what they did there once they arrived. ”

“ Reference (b) states that the Tribunal is not bound by the roles of evidence and the Tribunal is "free to consider any information it deems relevant and helpful." It may consider hearsay evidence. Indeed, the evidence considered persuasive by the Tribunal is made up almost entirely of hearsay evidence recorded by unidentified individuals with no first-hand knowledge of the events they describe. There should not be a double standard for the Government’s ability to present hearsay and the detainee’s ability to present hearsay evidence. The witness is relevant to the Tribunal’s decision. ”