Washington ( CNN ) -- The Pentagon moved closer Wednesday to its next military trial on the U.S. Navy base at Guantanamo Bay , Cuba , for the suspected ringleader of the deadly bombing of the USS Cole . Saudi-born former millionaire Abd al Rahim al-Nashiri is charged with the 2000 bombing in the Yemeni port of Aden that killed 17 sailors , wounded dozens and crippled the warship . The `` referral of charges '' by the Defense Department Military Commissions unit sets in motion a chain of events that will lead to the appointment of a military officer as the trial judge in the case and a meeting of the judge , prosecutors and defense lawyers in coming weeks . The arraignment will take place within 30 days . A statement from the Defense Department said the charges against al-Nashiri allege that he was in charge of planning the attack , which took place October 12 , 2000 . `` The convening authority referred the charges to a capital military commission , meaning that if convicted , al-Nashiri could be sentenced to death , '' the Defense Department statement said . The news release also mentions charges against al-Nashiri related to an attempted attack on the USS The Sullivans in Yemen in January 2000 and an attack on a French tanker in 2002 that resulted in the death of one crew member . One of al-Nashiri 's civilian defense lawyers said his legal team was disappointed in the government action . `` We are disappointed the United States will now descend further down the path of expedient and secret justice that military commissions have come to represent , '' Rick Kammen said in an e-mail . `` We 're not talking about a constitutionally adequate trial , and we are disappointed that the U. S. government will use the constitutionally inadequate military commissions process to seek the death penalty against Mr. al-Nashiri , '' Kammen wrote . He added that the decision to move forward with the case `` regrettably confirms to the world that the United States intends to render second-class justice to the men imprisoned in Guantanamo . '' Earlier , lawyers for al-Nashiri argued that his waterboarding and other mistreatment while in U.S. custody and delays in his case should have forced the government to drop any plans for a military trial that could end in a death sentence . `` By torturing Mr. al-Nashiri and subjecting him to cruel , inhumane and degrading treatment , the United States has forfeited its right to try him and certainly to kill him , '' the brief said . `` Through the infliction of physical and psychological abuse , the government has essentially already killed the man it seized almost 10 years ago . '' Al-Nashiri 's legal team , comprising military and civilian lawyers , made the arguments to the `` convening authority '' of the military court , retired Vice Adm. Bruce MacDonald . The commission was brought into existence by President George W. Bush and overhauled by President Barack Obama . In legal papers obtained by CNN , al-Nashiri 's lawyers presented details of their client 's treatment , saying that , in addition to subjecting their client to waterboarding , his questioners revved a power drill by his ear and chambered a round in a handgun , all while he was naked and hooded . `` The government has admitted to waterboarding Mr. al-Nashiri and subjecting him to verbal and physical threats to his life and threats to the safety of his family , '' the brief says . `` Both set of acts constitute torture . '' If it goes to trial , the case will be the first full prosecution under the military commission system . It is seen as the latest fine-tuning of the system before the military commission moves ahead with prosecution of other terrorist suspects , especially the four men accused of plotting the September 11 attacks . The American Civil Liberties Union issued a news release restating its `` concerns about the inherent unfairness of the military commissions . '' `` Unlike federal courts , military commissions have unfairly lax rules for allowing evidence , except when it comes to torture -- the commissions may admit coerced testimony , while evidence of the torture that produced it can be censored , '' said Denny LeBoeuf , director of the ACLU Capital Punishment Project . This latest step for the Guantanamo detainee comes as the new chief prosecutor for military commissions , Army Brig . Gen. Mark Martins , is taking over . Martins was first in his class at West Point , was a Rhodes Scholar at Oxford and graduated magna cum laude from Harvard Law . He will have the chance to put his stamp on the job amid renewed scrutiny of both the military trials and the Guantanamo Navy Base detention facilities . In a recent Weekly Standard profile , Martins is portrayed as the man the administration hopes will bring new credibility and legitimacy to the system . He has powerful friends , including his former commander , Gen. David Petraeus , now CIA director . Petraeus gave Martins the job of cleaning up the military detention and interrogation system in Afghanistan , and Martins delivered . In an effort to polish the reputation of the military commission system , both inside the United States and internationally , Martins may push for greater transparency of the process . He could roll out a plan the Pentagon has been working on for months to provide closed-circuit television transmissions of the military proceedings to victims , families and journalists in the United States . There would be a `` kill '' switch in the control room to wipe out the audio in case any national security secrets were blurted out in the courtroom . Al-Nashiri is one of 171 detainees remaining at Guantanamo .
The man suspect of being behind the attack on the USS Cole will go on trial . The formal `` referral of charges '' is the first step in the military commission process . His attorneys and the ACLU criticize the decision to use a military commission .