"I would have liked to have seen him receive a military commission where he was tried, convicted and sentenced and then his suitability for release determined under the laws of armed conflict," Lippold said.
"From the perspective of the American people and my crew, he’s never been held accountable," Lippold added.
In addition to those killed, 39 service members were wounded in the Oct. 12, 2000 attack, which came as the Cole refueled in the Yemeni port of Aden, nearly a year before Al Qaeda would register its signature attack, on 9/11.