Abd al Rahim al Nashiri is seen here during his military commissions arraignment on Nov. 9, 2011 at the U.S. Navy base at Guantanamo Bay, Cuba. Tuesday he was sporting what looked like a charcoal gray suit jacket atop white attire. JANET HAMLIN / MCT

POHL LM OTERO / ASSOCIATED PRESS

U.S. Army military judge Col. James L. Pohl, shown in this July 7, 2005 file photo at Fort Hood, Texas, is the chief of the Guantanamo military commissions judiciary. He's also currently the only judge assigned to a case there. LM OTERO / ASSOCIATED PRESS

Abd al Rahim al Nashiri is seen here during his military commissions arraignment on Nov. 9, 2011 at the U.S. Navy base at Guantanamo Bay, Cuba. Tuesday he was sporting what looked like a charcoal gray suit jacket atop white attire. JANET HAMLIN / MCT

The hole blown in the side of the USS Cole off Aden, Yemen, on Oct. 12, 2000. Seventeen sailors died and dozens more were injured in the al-Qaida attack that cripped the destroyer a year ahead of the 9/11 attacks. Anonymous / US NAVY