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| Version 3 | Version 4 |
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| Benghazi Attack Suspect Ordered Held Until Trial | Benghazi Attack Suspect Ordered Held Until Trial |
| (2 months later) | |
| WASHINGTON — A federal judge ruled Wednesday that the Libyan militia leader charged in connection with the 2012 killing of the American ambassador and three others in Benghazi must remain in government custody and be held without bond. | |
| In her ruling, Magistrate Judge Deborah A. Robinson sided with the Justice Department, which argued that the suspect, Ahmed Abu Khattala, should be held until he faced trial because he continued to pose a threat. | In her ruling, Magistrate Judge Deborah A. Robinson sided with the Justice Department, which argued that the suspect, Ahmed Abu Khattala, should be held until he faced trial because he continued to pose a threat. |
| The Justice Department contends that he has extremist views and has plotted attacks against the United States and Western interests in recent months. | The Justice Department contends that he has extremist views and has plotted attacks against the United States and Western interests in recent months. |
| A lawyer for Mr. Abu Khattala, Michelle Peterson, did not contest the detention. But Ms. Peterson used the hearing as a forum to attack the government’s case, contending that it had not been able to back up the claims it had made in court about Mr. Abu Khattala’s involvement in the attacks. | A lawyer for Mr. Abu Khattala, Michelle Peterson, did not contest the detention. But Ms. Peterson used the hearing as a forum to attack the government’s case, contending that it had not been able to back up the claims it had made in court about Mr. Abu Khattala’s involvement in the attacks. |
| Given “the utter lack of evidence,” Ms. Peterson said, “it’s incredibly difficult to defend Mr. Khattala.” There was “no suggestion” in the information released by the government that he was involved in the attacks, she said. | Given “the utter lack of evidence,” Ms. Peterson said, “it’s incredibly difficult to defend Mr. Khattala.” There was “no suggestion” in the information released by the government that he was involved in the attacks, she said. |
| A federal prosecutor, Michael DiLorenzo, said the government had given “critical” video clips to Ms. Peterson on Wednesday morning. | A federal prosecutor, Michael DiLorenzo, said the government had given “critical” video clips to Ms. Peterson on Wednesday morning. |
| Ms. Peterson also took on the government’s contention that Mr. Abu Khattala posed a threat to the United States because he had a loaded gun on him at the time he was apprehended by American commandos in Libya a little more than two weeks ago. | Ms. Peterson also took on the government’s contention that Mr. Abu Khattala posed a threat to the United States because he had a loaded gun on him at the time he was apprehended by American commandos in Libya a little more than two weeks ago. |
| The place where Mr. Abu Khattala lived in eastern Libya, Ms. Peterson said, is dangerous, and it is “not unusual to be armed” there. | The place where Mr. Abu Khattala lived in eastern Libya, Ms. Peterson said, is dangerous, and it is “not unusual to be armed” there. |
| Mr. Abu Khattala spent a decade fighting the government of Col. Muammar el-Qaddafi and led a group that opposed him — a cause the United States had supported, she said. | Mr. Abu Khattala spent a decade fighting the government of Col. Muammar el-Qaddafi and led a group that opposed him — a cause the United States had supported, she said. |
| In documents filed on Tuesday and in statements in court on Wednesday, the Justice Department laid out several reasons Mr. Abu Khattala should be detained. | In documents filed on Tuesday and in statements in court on Wednesday, the Justice Department laid out several reasons Mr. Abu Khattala should be detained. |
| Prosecutors described Mr. Abu Khattala as “a commander in an extremist militia group who is fully committed to causing death and destruction to American personnel and property.” They said that if he were set free, he would be motivated to flee because he has few ties to people in the United States. | Prosecutors described Mr. Abu Khattala as “a commander in an extremist militia group who is fully committed to causing death and destruction to American personnel and property.” They said that if he were set free, he would be motivated to flee because he has few ties to people in the United States. |
| Mr. Abu Khattala, they said, has “extensive contacts with senior-level members of extremist groups throughout Libya” and “could communicate and further conspire with many of those extremist individuals.” If set free, the filing said, Mr. Abu Khattala could “continue to communicate his plans for additional deadly attacks to other extremists and encourage them to carry out those plans.” | Mr. Abu Khattala, they said, has “extensive contacts with senior-level members of extremist groups throughout Libya” and “could communicate and further conspire with many of those extremist individuals.” If set free, the filing said, Mr. Abu Khattala could “continue to communicate his plans for additional deadly attacks to other extremists and encourage them to carry out those plans.” |
| “Given the defendant’s proclivity for violence,” prosecutors argued, “as well as his ability to readily communicate with other similar-minded individuals, as demonstrated by his status as a commander of an extremist brigade, his detention is the only means available to neutralize that threat.” | “Given the defendant’s proclivity for violence,” prosecutors argued, “as well as his ability to readily communicate with other similar-minded individuals, as demonstrated by his status as a commander of an extremist brigade, his detention is the only means available to neutralize that threat.” |
| Mr. Abu Khattala was snatched by American commandos in a raid outside Benghazi and taken to a Navy ship in the Mediterranean Sea. | Mr. Abu Khattala was snatched by American commandos in a raid outside Benghazi and taken to a Navy ship in the Mediterranean Sea. |
| On Saturday, he was brought to Washington from the ship. He was arraigned that same day and pleaded not guilty to one count of conspiring to provide material support and resources to terrorists that resulted in a death. | On Saturday, he was brought to Washington from the ship. He was arraigned that same day and pleaded not guilty to one count of conspiring to provide material support and resources to terrorists that resulted in a death. |
| In the filing, the government said that since his capture, Mr. Abu Khattala had provided American interrogators with “voluntary statements” that corroborated key facts about the attacks. The filing did not say what those facts were. But according to American officials, he has discussed what occurred on Sept. 11, 2012, the day of the attacks, although he has not incriminated himself in the killing of the ambassador, J. Christopher Stevens, and the three others. | In the filing, the government said that since his capture, Mr. Abu Khattala had provided American interrogators with “voluntary statements” that corroborated key facts about the attacks. The filing did not say what those facts were. But according to American officials, he has discussed what occurred on Sept. 11, 2012, the day of the attacks, although he has not incriminated himself in the killing of the ambassador, J. Christopher Stevens, and the three others. |