United States intends to permanently hold
them; (2) because the war undertaken pursuant to the AUMF
may continue in perpetuity, and in any event far beyond the
end of U.S. operations in Afghanistan, the United States
intends to detain the Appellants indefinitely; and, (3) a new
agreement between the United States and Afghanistan
                               25
indicates that the United States will remain in Afghanistan
indefinitely.
     The Appellants misapprehend the import of the second
factor; it calls for an examination of the extent of control over
the physical situs of detention and the permanence of that
control. Boumediene, 553 U.S. at 768; Al Maqaleh II, 605
F.3dDEFENSE, PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN 74–78             (Apr.     2012),    available at
http://www.defense.gov/pubs/pdfs/Report_Final_SecDef_04_
27_12.pdf. Whether to devote available military resources to
the support of the Afghan criminal justice system or to the
pursuit of other objectives is the President’s choice to make.
His wartime resource-allocation decisions do not open the
door to the diversion of those resources “from the military
offensive abroad to the legal defensive at home.” Eisentrager,
339 U.S. at 779.
     Eisentrager firmly supports our conclusion. During its
occupation of Germany, the United States participated in a
host of military tribunals convened to try former Nazi
officials for war crimes. The United States convened its own
military commissions in Germany and also participated in the
International