The Libyan militant accused of masterminding the 2012 Benghazi attacks that have become a dramatic issue in US politics appeared briefly for the first time in a US courtroom, pleading not guilty to a terrorism-related charge nearly two weeks after he was captured by US Special Forces.
In a 10-minute hearing held amid tight security on Saturday, Ahmed Abu Khattala spoke just two words, both in Arabic. He replied “yes” when asked to swear to tell the truth and “no” when asked if he was having trouble understanding the proceeding.
A grand jury indictment made public on Saturday said Abu Khattala participated in a conspiracy to provide material support and resources to terrorists in the attacks of Sept. 11, 2012, that killed US ambassador to Libya Chris Stevens and three other Americans.
That crime is punishable by up to life in prison. The US government said it soon would file more charges against Abu Khattala.
Special forces troops captured Abu Khattala in Libya two weeks ago, marking the first breakthrough in the investigation. Officials had been questioning him aboard a US Navy ship that transported him to the country.
The prosecution reflects US President Barack Obama administration’s stated position of trying suspected terrorists in the US criminal justice system, even as Republicans call for Abu Khattala and others to be held at the US detention facility in Guantanamo Bay, Cuba.
Critics say suspected terrorists do not deserve the legal protections afforded by the US court. The administration considers the civilian justice system fairer and more efficient.
During his initial court appearance, the defendant listened via headphones to a translation of the proceedings. He wore a two-piece black track suit, had a beard and long curly hair, both mostly gray, and kept his hands, which were not handcuffed, behind his back.
His court-appointed lawyer, Michelle Peterson, entered the not guilty plea. The judge ordered Abu Khattala’s continued detention, but did not say where he would be held.
The US Marshals Service said it had taken custody of Abu Khattalah, who now was confined to a detention facility in the capital region.
A US official said Abu Khattala had been advised of his rights to an attorney, to remain silent and other rights at some point during his trip. The official said Abu Khattala continued talking after that. The official was not authorized to discuss an ongoing investigation by name and spoke on condition of anonymity. The nature of those conversations was not immediately clear.
A criminal complaint filed last year and unsealed after Abu Khattala’s capture charged him with terror-related crimes. They included killing a person during an attack on a US federal facility. A new, single-count indictment will likely be superseded by additional charges, prosecutors say.
The violence in Libya on the 11th anniversary of the Sept. 11, 2001 attacks on the US quickly became a political controversy at home.
Republicans accused the White House, as the 2012 presidential election neared, of intentionally misleading the public about what prompted the attacks. The White House said Republicans were politicizing a national tragedy.
Abu Khattala was a prominent figure in Benghazi’s circles of extremists. He was popular among young radicals and lived openly in the eastern Libyan city, spotted at cafes and other public places, even after the Obama administration publicly named him as a suspect.
He is accused of being a member of the Ansar al-Shariah group, the powerful Islamic militia that the US believes was behind the attack.
He acknowledged in an interview in January that he was present during the storming of the US mission in Benghazi. However, he denied involvement in the attack, saying he was trying to organize a rescue of trapped people.
In the attack, gunmen fired rocket-propelled grenades and stormed the mission, with many waving the black banners of Ansar al-Shariah. The compound’s main building was set ablaze. Stevens suffocated to death inside, and another American was shot dead.
At the time, several witnesses said they saw Abu Khattala directing fighters at the site.
Later in the evening, gunmen attacked and shelled a safe house, killing two more Americans. No evidence has emerged that Abu Khattala was involved in the later attack.
Abu Khattala is one of just a few cases in which the administration has captured a suspected terrorist overseas and interrogated him for intelligence purposes before bringing him to federal court to face charges.
Those cases include Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, who was arrested in Jordan in March last year and turned over to US agents. A jury in New York City convicted him in March of conspiring to kill Americans.
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