The Guantanamo Bay detention center could receive new prisoners for the first time in more than a decade.
Naval Station Guantanamo Bay
The judge's departure was the latest of many delays in long-stalled proceedings against Khalid Shaikh Mohammad.
The Camp Justice sleepover plan represents a reversal in Guantanamo detention center policy.
Navy Capt. John Nettleton also has been charged with concealing material facts related to a death at the base in 2015.
A military judge who was supposed to preside in the case has found a job in an immigration court, the second judge to do so.
U.S. Defense Secretary Jim Mattis is expected to raise the issue during a meeting in Rome this week.
Air Force Col. Vance Spath was presiding in the USS Cole tribunal and was looking for a way out.
The talks are aimed at renewing the Afghan peace process and eventually winding down America's longest war.
A Sept. 11 trial prosecutor on Thursday read aloud ghastly descriptions of what the CIA did to its prisoners.
Defense lawyers in the 9/11 case arrived at Guantanamo to find a mold infestation in their top-secret work spaces.