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Benghazi attack suspect 'compliant but not cooperative' in federal custody Benghazi attack suspect 'compliant but not cooperative' in federal custody
(about 2 months later)
A day after Ahmed Abu Khattala pleaded not guilty to charges regarding the 2012 attack on a US diplomatic facility in Benghazi in which four Americans died, Republican criticism of the decision to try the Libyan militia leader in civilian court mounted. A day after Ahmed Abu Khattala pleaded not guilty to charges regarding the 2012 attack on a US diplomatic facility in Benghazi in which four Americans died, Republican criticism of the decision to try the Libyan militia leader in civilian court mounted.
Mike Rogers, the chair of the House of Representatives intelligence committee, told CNN Khattala had been “compliant but not cooperative” through 10 days of interrogation on a navy ship before being transferred to Washington for a civilian trial. Rogers said Khattala should be classified as an enemy combatant and held at Guantánamo Bay.Mike Rogers, the chair of the House of Representatives intelligence committee, told CNN Khattala had been “compliant but not cooperative” through 10 days of interrogation on a navy ship before being transferred to Washington for a civilian trial. Rogers said Khattala should be classified as an enemy combatant and held at Guantánamo Bay.
Chris Stevens, the ambassador to Libya, and three other Americans died in the Benghazi attack. Republicans have criticised the White House's response, focusing on presumed 2016 presidential candidate Hillary Clinton and empowering successive congressional committees to investigate.Chris Stevens, the ambassador to Libya, and three other Americans died in the Benghazi attack. Republicans have criticised the White House's response, focusing on presumed 2016 presidential candidate Hillary Clinton and empowering successive congressional committees to investigate.
Khattala is accused of participating in a conspiracy to provide material support and resources to terrorists. The Justice Department expects to bring more charges.Khattala is accused of participating in a conspiracy to provide material support and resources to terrorists. The Justice Department expects to bring more charges.
His next court appearance is scheduled for Wednesday. On Saturday he appeared at a federal courthouse near the US Capitol. The same day, attorney general Eric Holder said in a statement: “Now that Ahmed Abu Khatalla has arrived in the United States, he will face the full weight of our justice system.His next court appearance is scheduled for Wednesday. On Saturday he appeared at a federal courthouse near the US Capitol. The same day, attorney general Eric Holder said in a statement: “Now that Ahmed Abu Khatalla has arrived in the United States, he will face the full weight of our justice system.
"We will prove, beyond a reasonable doubt, the defendant's alleged role in the attack that killed four brave Americans in Benghazi.""We will prove, beyond a reasonable doubt, the defendant's alleged role in the attack that killed four brave Americans in Benghazi."
Khattala was captured earlier this month and then held and questioned aboard the USS New York in the Mediterranean for 10 days, before being read his Miranda rights as a criminal suspect and being transferred to Washington.Khattala was captured earlier this month and then held and questioned aboard the USS New York in the Mediterranean for 10 days, before being read his Miranda rights as a criminal suspect and being transferred to Washington.
Rogers downplayed reports regarding the usefulness of information gained from Khattala in those 10 days.Rogers downplayed reports regarding the usefulness of information gained from Khattala in those 10 days.
He said: “He was not obstinate, he was not pushing back. He likely gave details of some things, but not to the point where an FBI agent would say 'Bingo, we've got something that could be actionable intelligence.' We want intelligence that is useful – 10 days is not enough.He said: “He was not obstinate, he was not pushing back. He likely gave details of some things, but not to the point where an FBI agent would say 'Bingo, we've got something that could be actionable intelligence.' We want intelligence that is useful – 10 days is not enough.
“He's been compliant but not cooperative, so I doubt that changed once he was read his rights and once he understood the right not to talk at all.”“He's been compliant but not cooperative, so I doubt that changed once he was read his rights and once he understood the right not to talk at all.”
Rogers confirmed that FBI agents were aboard the USS New York, but said he believed the military should handle the trial of a man now “being held in an appropriately secure environment, given the nature of his [alleged] crimes against the United States”.Rogers confirmed that FBI agents were aboard the USS New York, but said he believed the military should handle the trial of a man now “being held in an appropriately secure environment, given the nature of his [alleged] crimes against the United States”.
On Saturday, Carl Tobias, Williams professor of law at the University of Richmond, told the Guardian it was not certain whether information gained from Khattala on the ship would be admissable in a civilian court.On Saturday, Carl Tobias, Williams professor of law at the University of Richmond, told the Guardian it was not certain whether information gained from Khattala on the ship would be admissable in a civilian court.
“This is difficult to know because it is unclear what was asked in what circumstances,” said Tobias. “Some have reported that he was not given Miranda warnings and if he were not, it may be difficult to use his statements.“This is difficult to know because it is unclear what was asked in what circumstances,” said Tobias. “Some have reported that he was not given Miranda warnings and if he were not, it may be difficult to use his statements.
“There is a 'public safety' exception which the US reportedly may invoke. [But] 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.”“There is a 'public safety' exception which the US reportedly may invoke. [But] 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.”
Rogers said Khattala had now “gone through the courts system, he has pled not guilty, he was given his Miranda rights. He will have a US taxpayer-paid attorney for his defence.”Rogers said Khattala had now “gone through the courts system, he has pled not guilty, he was given his Miranda rights. He will have a US taxpayer-paid attorney for his defence.”
But he added: “We have a military tribunal process and I do believe in it. We've used it in the past, in World War II and subsequent to that. We have a process where they get a trial and their guilt or innocence is established.But he added: “We have a military tribunal process and I do believe in it. We've used it in the past, in World War II and subsequent to that. We have a process where they get a trial and their guilt or innocence is established.
“To me these are enemy combatants and if we start saying they're criminals, I don't know how you fight back.”“To me these are enemy combatants and if we start saying they're criminals, I don't know how you fight back.”