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Benghazi attack suspect Ahmed Abu Khattala pleads not guilty Benghazi attack suspect Ahmed Abu Khattala pleads not guilty
(35 minutes later)
Ahmed Abu Khattala, the Libyan militia leader suspected of involvement in the 2012 attack on a US diplomatic facility in Benghazi in which four Americans died, has pleaded not guilty to conspiracy at a court in Washington DC. He was flown into Washington for his court appearance on Saturday morning. A Libyan militia leader pleaded not guilty in a US federal court on Saturday to a terrorism charge in the 2012 attack on the US diplomatic compound in Benghazi that killed four Americans. Ahmed Abu Khattala was transferred to the US District Court in Washington on Saturday morning from a Navy warship where he had been held since his June 15 capture by US special operations forces in Libya.
"Ahmed Abu Khattala is in law enforcement custody," Bill Miller, a spokesman for the US attorney's office for the District of Columbia, told Reuters earlier. He would not comment on where Khattala was being held. He was charged at an afternoon hearing with conspiracy to provide material support to terrorists resulting in death in the attack that killed US ambassador Christopher Stevens and three other Americans in Benghazi.
The Obama administration's policy is to try such suspects before civilian authorities. Republicans in Congress have called for Khattala, who is charged with terrorism offences, to be held by the military at Guantánamo Bay. The attack on September 11 2012 triggered a political firestorm for President Barack Obama, with Republicans accusing his administration of misrepresenting the circumstances and of lax protection for diplomats.
Khatallah is charged with killing a person on US property, a firearms violation and providing material support to terrorism. Since being captured by the military and the FBI earlier this month, he has been held on the USS New York in the Mediterranean. The charge against Khatallah carries a maximum penalty of life in prison, the Justice Department said. The department said it intended to file additional charges shortly.
It is unclear whether information gathered from Khattala on the ship can be used in his trial, as he was on international waters and may not have been read his Miranda rights. Khatallah was not shackled when he appeared before Magistrate Judge John Facciola and kept his hands behind him as he gave answers through an interpreter. He wore a dark hoodie and black trousers and had long gray hair and a gray beard.Khatallah was transferred to US soil by helicopter, a US official said.
As to what evidence may be used in trial, Carl Tobias, Williams professor at the University of Richmond School of Law, told the Guardian: “This is difficult to know, because it is unclear what was asked in what circumstances. Federal charges filed against him in July 2013 but kept under court seal until this month also included killing a person on US property and a firearms violation.
“Some have reported that he was not given Miranda warnings and if he were not, it may be difficult to use his statements. However, there is a 'public safety' exception which the US reportedly may invoke. There was heightened security around the federal courthouse building, which is blocks from the US Capitol and across the street from the National Gallery of Art, prime tourist destinations in Washington. Two or three armed US marshals patrolled the perimeter of the building.
“[The supreme court] also requires that international captures be brought before a US magistrate judge without unnecessary delay and delay for purposes of interrogation violates this idea.” Khatallah was taken aboard the USS New York, an amphibious transport ship, after his seizure in a raid on the outskirts of Benghazi. At the time of Khatallah's capture, a US official said he was expected to be questioned by an interrogation team at sea. The unit seeks information from suspects that might prevent future attacks.
Khattala's transfer to Washington goes against precedent, which has seen such suspects often tried in New York or Alexandria, Virginia. Khatallah was in US military custody for nearly two weeks before being transferred into the American civilian court system.
Abu Anas al-Liby, a suspected senior al-Qaida figure captured in October in Tripoli, was also transferred to a navy ship for interrogation. He is now on trial in New York regarding the 1998 US embassy bombings in Kenya and Tanzania. He has entered a plea of not guilty. Khatallah denied in a Reuters interview in October 2012 that he was a leader of Ansar al-Sharia, an Islamist group Washington accuses of carrying out the assault on the consulate. His capture was a victory for Obama, who has been accused by Republicans of playing down the role of al-Qaida in the Benghazi attacks for political reasons and of being slow to deliver on promises of justice.
Suleiman Abu Ghaith, Osama bin Laden's son-in-law, was taken in Jordan in March 2013 and convicted, of conspiring to kill Americans, in New York in March 2014. Republicans said then secretary of state Hillary Clinton failed to take steps to ensure the safety of American diplomatic personnel, an issue that is still resonating as Clinton considers running for US president in 2016.
Referring to the stalled Guantánamo trial of Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks, Tobias said: “DC is much more convenient than New York for Department of Justice, State and FBI personnel who may be involved and remember the uproar over the possibility of trying [Mohammed] in New York.” Khatallah's capture also led to Republican criticism, with some lawmakers calling for him to be taken to the US prison at Guantanamo Bay, Cuba, for military prosecution. Obama has sought to close down the Guantanamo prison and his policy has been to try terrorism suspects caught abroad in the US justice system.Most terrorism suspects tried in the United States since the attacks have been prosecuted at federal courts in New York and Alexandria, Virginia.
Chris Stevens, the US ambassador to Libya, was one of the Americans who died in the Benghazi attack, which occurred on 11 September 2012 and in which a mob stormed the facility. Witnesses said they saw Khattala directing the mob. In interviews carried out in Libya, he denied involvement and said he was trying to rescue victims of the attack.
After the capture of Khattala, Obama said in a statement: “With this operation, the United States has once again demonstrated that we will do whatever it takes to see that justice is done when people harm Americans.”
The others who died in the Benghazi attack were Sean Smith, Tyrone Woods and Glen Doherty.
The Obama administration's response to the attack and attitude to its presentation and discussion in the media has been the subject of intense political debate.
Republicans in Congress have used the issue to attack the White House and former secretary of state Hillary Clinton, who was in post at the time and is now seen as the most likely Democratic candidate for president in 2016.
Though several congressional investigations have already been carried out, House Republicans recently voted to begin a new inquiry, led by the South Carolina representative Trey Gowdy.