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WASHINGTON (AP) — A federal appeals court will reconsider the legality of the only remaining conviction of a Guantanamo Bay detainee who once served as Osama bin Laden’s personal assistant.

The full U.S. Court of Appeals for the District of Columbia Circuit heard arguments Tuesday after a divided three-judge appeals panel earlier ruled that the conspiracy case against Ali Hamza al-Bahlul is legally flawed because conspiracy is not a war crime.

That June ruling could have limited the government’s ability to prosecute terror suspects outside of the civilian justice system. The Obama administration sought a hearing before all 10 appeals judges on the court.

The government argues that Congress acted lawfully in making conspiracy a crime that can be tried by the special military tribunals created following the Sept. 11 attacks.

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