Presumably, they are too busy suing Arizona for enforcing immigration law. 17 sailors were killed and dozens were wounded in the Oct. 2000 suicide attack on the USS Cole in Yemen.
The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.
In a filing this week in the U.S. Court of Appeals for the District of Columbia, the Justice Department said that "no charges are either pending or contemplated with respect to al-Nashiri in the near future."