GUANTANAMO BAY NAVAL BASE, Cuba (AP) — A judge agreed Tuesday to look into how FBI questioning of a defense team member will affect the trial of five Guantanamo Bay prisoners in the Sept. 11 attack.

Army Col. James Pohl, presiding over the trial by military commission, rejected a prosecution argument to go forward with a scheduled hearing into the mental competency of one of the defendants or deal with other pending matters in the case.