# Jury Selection Stalls in Historic Guantanamo Capital Terror Trial The USS Cole bombing case faces lengthy delays as military jury selection proceeds slowly. - **Source:** [Just Security](https://www.justsecurity.org) - **Published:** 2026-11-05 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/7157aedf-7c2d-4ea9-9a0d-4f6278766155 ## Historic Capital Jury Selection The military commission at Guantanamo Bay is currently attempting to seat the first-ever capital jury in its history. This process concerns the trial of Abd al-Rahim al-Nashiri, who is accused of orchestrating the 2000 bombing of the USS Cole. The proceedings mark a significant milestone for the post-9/11 military court system. ## Slow Progress and Delays Jury selection is proving to be a lengthy endeavor, with expectations that the process will extend past Thanksgiving. After three days of initial questioning, only two Air Force officers have been accepted for the panel. The court must now mobilize additional pool members to ensure a full panel of twelve jurors and six alternates. ## Panel Composition and Requirements Col. Matthew Fitzgerald, the presiding Army judge, aims to select twenty members for the final panel. Once this group is finalized, both the government and defense lawyers will have the option to exercise peremptory challenges to excuse one member each without providing a specific justification for their removal from the jury pool. ## Defense and Prosecution Dynamics Defense attorneys Allison Miller and Casey Secor are rigorously questioning military officers regarding their views on capital punishment and prior knowledge of the case. Meanwhile, Navy Cmdr. Brandon Sargent represents the prosecution, supported by Richard Burns from the Justice Department, who monitors the proceedings via a secure video feed from Virginia. ## Profile of Selected Jurors The first accepted juror is an Air Force colonel and pilot who is scheduled to retire next year. The second is an Air Force major specializing in nuclear missiles. Both individuals represent the diverse military backgrounds being tapped for this historic trial, which involves officers from all five branches of the armed services. ## Logistical Challenges and Recesses The selection process faces logistical hurdles, including the need to bring in more candidates from a 200-officer pool. Three officers have already been excused due to personal emergencies or mutual agreements. Furthermore, the court will observe a recess for Veterans Day, limiting the available time for questioning during the upcoming week. ## The USS Cole Context The underlying case involves the October 12, 2000, attack on the Navy warship while it was refueling in Aden Harbor, Yemen. Two suicide bombers detonated explosives alongside the vessel, resulting in the deaths of 17 American sailors. This event serves as the foundational basis for the current capital charges against al-Nashiri. ## Significance of the Trial This trial represents a complex intersection of military law and national security. As the first capital case in this specific venue, the outcome will set precedents for how suspected war criminals are tried. The slow pace underscores the gravity of the legal procedures required to ensure a fair trial in this environment. ## Sources covering this story - https://www.justsecurity.org/163504/slow-jury-selection-uss-cole-trial-guantanamo/?utm_source=rss&utm_medium=rss&utm_campaign=slow-jury-selection-uss-cole-trial-guantanamo — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._