Jamal al-Badawi, a Yemeni who helped organize the plot to bomb the Cole as it refueled in this Yemeni port on Oct. 12, 2000, has broken out of prison twice. He was recaptured both times, but then secretly released by the government last fall. Yemeni authorities jailed him again after receiving complaints from Washington, but U.S. officials have so little faith that he's still in his cell that they have demanded the right to perform random inspections.

Two suspects, described as the key organizers, were captured outside Yemen and are being held at Guantanamo Bay, Cuba, beyond the jurisdiction of U.S. courts. Many details of their alleged involvement remain classified. It is unclear when - or if - they will be tried by the military.

The collapse of the Cole investigation offers a revealing case study of the U.S. government's failure to bring al-Qaeda operatives and their leaders to justice for some of the most devastating attacks on American targets over the past decade.