Abd al Rahim al Nashiri is seen here during his military commissions arraignment, Nov. 9, 2011 at the U.S. Navy base Guantanamo Bay, Cuba. Nashiri is charged with the attack on the USS Cole, resulting in the death of 17 sailors. If convicted in this capital military commission, Nashri could face the death penalty. JANET HAMLIN / MCT

A small boat guards the USS Cole in Aden, Yemen in this Oct. 20, 2000 file photo taken a week after suicide bombers steered a small boat laden with explosives alongside the U.S. warship and detonated their craft on Oct. 12, tearing a huge hole in the Cole. The blast killed 17 sailors and wounded 39. HASAN JAMALI / AP