By Peter Finn - Reprinted from The Washington Post
The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.
In a filing this week in the U.S. Court of Appeals for the District of Columbia, the Justice Department said that "no charges are either pending or contemplated with respect to al-Nashiri in the near future."
The statement, tucked into a motion to dismiss a petition by Nashiri's attorneys, suggests that the prospect of further military trials for detainees held at Guantanamo Bay, Cuba, has all but ground to a halt, much as the administration's plan to try the accused plotters of the Sept. 11, 2001, attacks in federal court has stalled.
Only two cases are moving forward at Guantanamo Bay, and both were sworn and referred for trial by the time Obama took office. In January 2009, Defense Secretary Robert M. Gates directed the Convening Authority for Military Commissions to stop referring cases for trial, an order that 20 months later has not been rescinded.
Military officials said a team of prosecutors in the Nashiri case has been ready go to trial for some time. And several months ago, military officials seemed confident that Nashiri would be arraigned this summer.
"It's politics at this point," said one military official who spoke on the condition of anonymity to discuss policy. He said he thinks the administration does not want to proceed against a high-value detainee without some prospect of civilian trials for other major figures at Guantanamo Bay.
A White House official disputed that.
"We are confident that the reformed military commissions are a lawful, fair and effective prosecutorial forum and that the Department of Defense will handle the referrals in an appropriate manner consistent with the interests of justice," said the official, who also spoke on the condition of anonymity.
The Defense Department issued a statement Thursday saying the case is not stalled. "Prosecutors in the Office of Military Commissions are actively investigating the case against Mr. al-Nashiri and are developing charges against him," the statement said.
With the 10th anniversary of the Cole bombing approaching on Oct. 12, relatives of those killed in the attack expressed deep frustration with the delay.
"After 10 years, it seems like nobody really cares," said Gloria Clodfelter, whose 21-year-old son, Kenneth, was killed on the Cole.
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