Judge: Yemen President Can't Be Guantanamo Witness A lawyer for a Guantanamo detainee says a U.S. military judge has rejected his request to question Yemen's president about the investigation into the 2002 bombing of the USS Cole. Navy Lt. Cmdr. Stephen Reyes' client is accused of arranging the attack on the Cole at the Yemeni port of Aden. Reyes wanted to question Yemeni leader Ali Abdullah Saleh while he is in New York for medical treatment. A military judge denied the request Tuesday. Earlier, the State Department said Saleh couldn't be questioned because he has diplomatic immunity. Reyes argued that diplomatic immunity shouldn't apply because he wants to question Saleh as a witness, not a suspect. Reyes says he is considering an appeal but Saleh plans to return to Yemen within days.