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FOXNews.com
Thursday, January 29, 2009
A military judge has refused the Obama administration's request to delay the arraignment of Abu al-Nashiri, the accused planner of the 2000 USS Cole attack in Yemen, FOX News learned Thursday.
Judge James Pohl's ruling throws a wrench in President Obama's plans to suspend the military tribunal process for 120 days while the administration reviews how to close the Guantanamo Bay detention facility within the year.
Pohl's decision is striking because two other military judges in a Sept. 11 conspiracy case and in the case of Canadian Al Qaeda operative Omar Khadr agreed to suspend proceedings in accordance with Obama's recent executive order, which put a hold on all military tribunals.
Al-Nashiri's arraignment is scheduled for Feb. 9 at Guantanamo Bay. A Defense Department spokesman said the only thing now that can stop the court appearance from going forward is a withdrawal of the charges without prejudice by Judge Susan Crawford, head of the convening authority that oversees the entire process at Guantanamo.
If the charges are dropped without prejudice, new charges could be brought in another venue, possibly a military court martial or criminal court.
The October 2000 attack on the USS Cole killed 17 service members and injured 50 others.
