USS Cole bombing suspect's mental fitness questioned ahead of trial

The trial for Abd al-Rahim al-Nashirim, the man suspected of organizing the deadly October 12, 2000, al-Qaida attack on the USS Cole in Yemen that killed 17 U.S. Navy sailors, is scheduled to start this month. His lawyer is asking for a military court to determine Nashiri’s competence before trial, arguing that he has a traumatic brain injury "arising from torture in CIA custody." 

The proceedings will take place at Naval Station Guantanamo Bay, Cuba, where Nashiri is detained and could last up to five weeks.

Dig deeper:

On Thursday, Nashiri’s attorney, Allison Ferber Miller, asked a federal court in Washington, D.C., to delay the proceedings until the military commission has had enough time to determine his mental capacity.

Miller wrote that a psychiatrist for the defense who examined Nashiri in August concluded that he is "not competent." 

What they're saying:

"He diagnosed a traumatic brain injury (TBI) arising from torture in CIA custody, a severe neurocognitive disorder, complex post-traumatic stress disorder (PTSD), and major depression," Miller wrote. "He concluded that Petitioner cannot understand the proceedings or assist his counsel."

Nashiri was captured in 2002, and while in CIA custody, underwent waterboarding, beatings, and confinement in a crate for years at clandestine CIA detention facilities. Declassified documents that were released in 2018 graphically described how he was stripped naked, repeatedly slammed against walls and left "moaning, shaking and asking God to help him repeatedly."

Miller wrote that Nashiri is not asking the federal judge to determine his competence but to delay the trial until the military commission has had "a meaningful opportunity" to do so.
 

What we know:

The military judge had ordered a competency evaluation, "but left no time for a meaningful hearing" on whether al-Nashiri is fit for trial, Miller wrote, adding that the military judge has declined three times to stay the proceedings until the question of Nashiri’s competence was resolved.

The trial has since been rescheduled to start a week later on Oct. 26, according to Ronald Flesvig, the spokesperson for the Office of Military Commissions at Guantanamo Bay.

The Office of the Chief Prosecutor for military commissions at Guantanamo Bay did not immediately respond to an email requesting comment.

17 US Navy sailors killed in the attack on the USS Cole  

The backstory:

In October 2000, suicide bombers detonated a boat full of explosives alongside the USS Cole while it was making a fueling stop just offshore in Yemen. The bombing ripped a 40-foot wide hole in the ship’s hull, killing 17 sailors and injuring dozens more. 

The 17 sailors killed in the attack 

• Hull Maintenance Technician 2nd Class Kenneth E. Clodfelter, 21, of Mechanicsville, Va.
• Chief Electronics Technician Richard Costelow, 35, of Morrisville, Pa.
• Mess Management Specialist Seaman Lakeina M. Francis, 19, of Woodleaf, N.C.
• Information Systems Technician Seaman Timothy L. Gauna, 21, of Rice, Texas
• Signalman Cherone L. Gunn, 22, of Rex, Ga.
• Seaman James R. McDaniels, 19, of Norfolk, Va.
• Engineman 2nd Class Marc I. Nieto, 24, of Fond du Lac, Wis.
• Electronics Warfare Technician 2nd Class Ronald S.Owens, 24, of Vero Beach, Fla.
• Seaman Lakiba N. Palmer, 22, of San Diego, Calif.
• Engineman Fireman Joshua L. Parlett, 19, of Churchville, Md.
• Fireman Patrick H. Roy, 19, of Cornwall-on-Hudson, N.Y.
• Electronics Warfare Technician 1st Class Kevin S. Rux, 30, of Portland, N.D.
• Mess Management Specialist 3rd Class Ronchester M. Santiago, 22, of Kingsville, Texas
• Operations Specialist 2nd Class Timothy L. Saunders, 32, of Ringgold, Va.
• Fireman Gary G. Swenchonis, Jr., 26, of Rockport, Texas
• Lt. j.g. Andrew Triplett, 31, of Macon, Miss.
• Seaman Craig B. Wibberley, 19, of Williamsport, Md.

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