FILE - In this Oct. 15, 2000 file photo, investigators in a speed boat examine the hull of the USS Cole at the Yemeni port of Aden, after a powerful explosion ripped a hole in the U.S Navy destroyer, killing at least 17 sailors and injuring some 30 others. Abd al-Rahim al-Nashiri, a Saudi national accused in the 2000 bombing of the USS Cole warship, faces trial in a special tribunal for war-time offenses known as a military commission for allegedly orchestrating the bombing of the USS Cole as well as attacks on two other ships. But his lawyers say that since the U.S. wasn't at war at that time, the 47-year-old shouldn't be tried at Guantanamo. (AP Photo/Dimitri Messinis, file)

Associated Press
FILE - In this Oct. 15, 2000 file photo, investigators in a speed boat examine the hull of the USS Cole at the Yemeni port of Aden, after a powerful explosion  ripped a hole in the U.S Navy destroyer, killing at least 17 sailors and injuring some 30 others. Abd al-Rahim al-Nashiri, a Saudi national accused in the 2000 bombing of the USS Cole warship, faces trial in a special tribunal for war-time offenses known as a military commission for allegedly orchestrating the bombing of the USS Cole as well as attacks on two other ships. But his lawyers say that since the U.S. wasn't at war at that time, the 47-year-old shouldn't be tried at Guantanamo. (AP Photo/Dimitri Messinis, file)
FILE - In this Oct. 15, 2000 file photo, investigators in a speed boat examine the hull of the USS Cole at the Yemeni port of Aden, after a powerful explosion ripped a hole in the U.S Navy destroyer, killing at least 17 sailors and injuring some 30 others. Abd al-Rahim al-Nashiri, a Saudi national accused in the 2000 bombing of the USS Cole warship, faces trial in a special tribunal for war-time offenses known as a military commission for allegedly orchestrating the bombing of the USS Cole as well as attacks on two other ships. But his lawyers say that since the U.S. wasn't at war at that time, the 47-year-old shouldn't be tried at Guantanamo. (AP Photo/Dimitri Messinis, file)
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