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Lawyer questions al-Qaida suspect’s competence before USS Cole bombing trial
His lawyer says a defense psychiatrist found him not competent and diagnosed brain injury, severe neurocognitive disorder, PTSD and depression.
On Thursday, attorney Allison Ferber Miller asked a federal court in Washington to delay the trial of Abd al-Rahim al-Nashiri, arguing he is "not competent" to face charges for the 2000 USS Cole attack.
Miller cited a defense psychiatrist who diagnosed a traumatic brain injury arising from torture in CIA custody; this condition prevents Nashiri from understanding proceedings or assisting his counsel.
The military judge has declined three times to stay the proceedings, Miller wrote, adding that he "left no time for a meaningful hearing" on whether Nashiri is fit for trial.
Although the military judge left open the possibility of a competency hearing on Monday, the trial is rescheduled for October 26, according to Ronald Flesvig of the Office of Military Commissions.
The case echoes broader constitutional debates regarding Guantanamo Bay detainees accused of aiding al-Qaida's 9/11 attacks, while Nashiri faces a possible death penalty for the killing of 17 U.S. sailors.