engage in any violent or al-Qaeda-related activity, despite a US$5 million reward for his capture. Two other escapees remained at large. In June 2008 the United States charged Abd al-Rahim al-Nashiri with planning and conducting the attack. The United States planned to seek the death penalty in his case. On 5 February 2009, the United States dropped all charges against al-Nashiri "without prejudice" to comply with President Obama's order to shut down the military prison at Guantanamo Bay, but reserved the right to file charges at a later date. Charges were reinstated in 2011. In 2009, U.S. federal judge Kimba Wood released $13.4 million in frozen assets belonging to Sudan, to be awarded to 33 spouses, parents, and children of the sailors killed in the attack. The money was awarded based on the 2002 Terrorism Risk Insurance Act and spearheaded by Miami Attorney Andrew C. Hall. Previously, the court had found Sudan culpable in facilitating the attack on the destroyer. John Clodfelter, father of Kenneth Clodfelter who was killed in the bombing, said; "It's about time something was done. It's taken so much more time than we thought it should take." On 1 January 2019 Jamal al-Badawi, an al-Qaeda militant behind the attack, died in a U.S. air strike, President Donald Trump confirmed. U.S. defense officials said a "precision strike" was carried out east of the Yemeni capital, Sanaa. Another lawsuit against Sudan was filed in the United States District Court for the District of Columbia in 2010 by 15 of the Cole sailors and three spouses, seeking damages from the country for knowingly supporting the terrorists that struck the ship. While the court action had been served to the Sudan embassy in Washington D.C., no representative of Sudan replied to the case or appeared at the hearing. A default judgement was awarded to the sailors for more than US$314 million in 2012. In the process of serving the necessary paperwork and actions to obtain the monetary damages from Sudan within the United States Court of Appeals for the Second Circuit, representatives of Sudan challenged the DC District Court ruling, arguing that under the Foreign Sovereign Immunities Act (FSIA) which allows for private lawsuits to be filed against foreign nations, the original case paperwork was not properly sent to their embassy in Sudan. Lawyers for the sailors argued that rejecting this would require them to rehold the initial trial and