DOJ to decide by spring whether Benghazi suspect will face death penalty charges
Benghazi attack suspect Ahmed Abu Khattallah made his first appearance in federal court since January, in order to ask the court to dismiss some of the charges against him.
Escorted into court by two U.S. marshals, he was unrestrained, wore a green jumpsuit, and is still growing a long white beard. He was silent and attentive throughout the hearing, which he listened to through his translation headset.
At one point he appeared to be taking notes on the hearing, but he did not share his notes with his team of attorneys.
The Justice Department said that Attorney General Loretta Lynch is expected to decide whether to pursue the death penalty against Khatallah by spring 2016. Once that decision is made, his trial date will be set - likely in 2017 - which could be as long as five years after the attack on the U.S. Mission in Libya that resulted in the death of four Americans, including Ambassador Christopher Stevens.
The two sides are still at odds about the length of time the government is taking to hand evidence over to Khatallah's defense team. The government contends it has handed over most of the evidence, but defense attorneys retorted that they have more readily found the documents they've been waiting for on Google, and the government still hasn't handed them over.
Friday's hearing focused on the defense motions to dismiss various charges against Khatallah. Their arguments are about whether or not the charges are appropriate are tenuous and appear to fall into the category of due diligence. Judge Christopher Cooper is unlikely to dismiss any of the charges. No decision was made on the motions and no new hearing date was set.
More broadly, Khatallah's lawyers claim that the U.S. captured him in violation of domestic and international law. Lured to a villa south of Benghazi, Khatallah was captured in a 2014 U.S. Special Forces raid that had been practiced for months. His lawyers maintain that he was detained and questioned by both military and civilian interrogators. They object to the use by U.S. officials of that mix of military and civilian policies to obtain intelligence from terror suspects that can be used in a civilian trial.
The government argues that sending Khatallah back to Libya would be "unprecedented." In a court filing, government lawyers wrote, "[T]he apprehension of the defendant in Libya violated no law, treaty or constitutional right."
According to the Department of Justice, Khatallah was a senior member of Ansar Al-Sharia ("AAS"), an armed militia that holds anti-Western views and advocates the establishment of Sharia law in Libya. In court documents, the Justice Department claims that Khatallah had expressed opposition to the presence of an American facility in Benghazi and said he was going to do "do something about this facility."
The government alleges he drove with the attackers to the U.S. Special Mission and that Khatallah actively participated in the attack on the Mission "by coordinating efforts to turn away emergency responders." They also allege that he oversaw the looting of the Mission's office and left the scene in a vehicle stolen from the Mission.
Charges against Khatallah were originally filed under seal on July 15, 2013, but he was not taken into custody until June 2014. He is charged with eighteen counts, including providing material support and resources to terrorists resulting in death and attempted murder of an officer and employee of the United States.