In early 2011, a Yemeni citizen, Ali Hamza al Bahlul, was serving a life sentence at Guantánamo as an “enemy combatant,” a military tribunal having convicted him of crimes associated with his service to al-Qaeda as Osama bin Laden’s media secretary. The Center for Constitutional Rights (CCR) issued a statement prior to the hearing in the appeal of Bahlul’s conviction. In arguing that Bahlul’s conviction be upheld, a Pentagon lawyer, navy captain Edward S. White, relied on a precedent from an 1818 tribunal. In his thirty-seven-page military commissions brief, Captain White wrote: “Not only was the Seminole belligerency unlawful, but, much like modern-day al Qaeda, the very way in which the Seminoles waged war against U.S. targets itself violate the customs and usages of war.” The CCR objected to this passage in the government’s brief. “The court should … reject the government’s notable reliance on the ‘Seminole Wars’ of the 1800s, a genocide that led to the Trail of Tears,” the CCR declared. “The government’s characterization of Native American resistance to the United States as ‘much like modern-day al Qaeda’ is not only factually wrong but overtly racist, and cannot present any legitimate legal basis to uphold Mr. Bahlul’s conviction.” In response, the Pentagon’s general counsel issued a letter stating that the US government stood by its precedent.

— An Indigenous Peoples' History of the United States (ReVisioning American History) by Roxanne Dunbar-Ortiz, Roxanne Dunbar Ortiz (Page 201)