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At his hearing last year, al-Nashiri acknowledged meeting with bin Laden many times and received as much as a half million dollars. The money, he said, was used for personal expenses, including for marriage and business deals.

Al-Nashiri said he told interrogators that he used some of the money to buy explosives used to bomb the Cole, but in reality he said he gave the explosives to friends to help dig wells. He said he confessed to involvement in several other terror plots in order to get the torture to stop -- including the 2002 bombing of the French oil tanker Limburg, plans to bomb American ships in the Gulf, a plan to hijack a plane and crash it into a ship and that bin Laden had a nuclear bomb.

"From the time I was arrested five years ago, they have been torturing me. It happened during interviews. One time they tortured me one way, and another time they tortured me in a different way," al-Nashiri said, according to the transcript. "I just said those things to make the people happy. They were very happy when I told them those things."

Asked why it had taken nearly eight years for the U.S. to charge anyone in the bombing, Hartmann said it takes time to gather and prepare evidence.

Another one of the alleged masterminds in the bombing -- Jamal al-Badawi -- was convicted in 2004 in Yemen of plotting, preparing and helping carry out the Cole bombing. He is wanted by the FBI, but Yemeni officials have said it is against their constitution to hand him over to the U.S.

The Bush administration maintains waterboarding was legal when it was used by CIA interrogators in 2002 and 2003 on al-Nashiri and top al-Qaida detainees Khalid Sheikh Mohammed and Abu Zubaydah. Hayden said waterboarding was used, in part, because of widespread belief among U.S. intelligence officials that more catastrophic attacks were imminent.

The CIA banned its personnel from using waterboarding in 2006.

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