From the new anthology Confronting Terror: 9/11 and the Future of American National Security.

“Notwithstanding the dozens of Islamist plots uncovered in the United States since 9/11, the criminal-law paradigm is again limiting the U.S. response. Abd al-Rahim al-Nashiri, the alleged mastermind of the USS Cole bombing, was supposed to be tried before a military commission at Guantanamo last summer. Instead, on a summer Friday afternoon, the Justice Department filed a brief in another case disclosing that there are no charges pending against al-Nashiri, which is to say the military commission proceedings against him have been halted.”

Interesting reading.