Houston Chronicle

Few details of Benghazi suspect’s capture

Abu Khattala reportedly is headed to United States on a Navy ship

- By Nancy A. Youssef and Michael Doyle

WASHINGTON — The elite U.S. commandos who snatched an alleged plotter of the Benghazi consulate attack were acting on a bare-bones criminal complaint whose crucial details remain secret.

While some operationa­l color and background are coming to light, the legal charges against Ahmed Abu Khattala are summed up publicly in a one-page document assigning his case to the chief judge of the U.S. District Court in Washington. Even wellplaced lawmakers await further details.

“They’ve been pretty close to the chest with the criminal complaint,” acknowledg­ed Rep. Devin Nunes, R-Calif., a member of the House Permanent Select Committee on Intelligen­ce.

The criminal complaint against Abu Khattala was filed last July 15, but it became public only Tuesday following news of his capture. The complaint charges him with killing a person in the course of an attack on a federal facility, providing material support to terrorists and using a firearm in a crime of violence.

Affidavit sealed

The complaint, signed by FBI Special Agent Michael M. Clarke, is accompanie­d by an affidavit, which remains sealed. The affidavit typically provides details that may include dates, times and places.

“That will be quite telling,” said Rep. Adam Schiff, D-Calif., another member of the House intelligen­ce panel, adding that “I’d expect a great deal to be made public, and fairly soon.”

For instance, when a criminal complaint was unsealed in 2005 against an alleged Iraqi insurgent named Wesa-mal-Delaema, it came with a five-page detailed affidavit filed by an FBI special agent. Al-Delaema later was sentenced to 25 years and returned to the Netherland­s.

A team of prosecutor­s from the U.S. Attorney’s Office in Washington has joined with attorneys with the Justice Department’s National Security Division to press the case. Abu Khattala’s attorney hasn’t yet been publicly identified.

Abu Khattala has spent the past two years as one of Benghazi’s most public figures, the most-well-known of the 70 suspected attackers of the U.S. special mission there in September 2012, an assault that killed Chris Stevens, the U.S. ambassador to Libya, along with three other Americans.

Reputation grew

Within weeks of the attack, Abu Khattala boasted of his involvemen­t, telling reporters he was there but didn’t lead the assault. He defended Ansar al-Shariah, the Islamic extremist group suspected of leading the attack. But publicly, there were no details to corroborat­e his version of events. Abu Khattala moved freely through the cities, gave interviews and traveled regularly to the constructi­on sites where he worked.

But while other names came and went since 2012 as potential suspects, Abu Khattala’s never subsided. With that, his reputation as a leading Islamic extremist grewin Libya. .

In Benghazi, Libya’s second-largest city, there was surprise among residents that they had learned about Abu Khattala’s arrest from the United States rather than from other Libyans. At first, many didn’t believe it, but by Wednesday, residents sought to piece together how he’d disappeare­d so furtively.

According to Libyans there, along with U.S. officials, Abu Khattala was picked up on the southweste­rn desert road that connects Benghazi with the city of Ajdabiya when a group of cars surrounded him as he traveled alone. He didn’t resist, officials said, and soon was taken to a ship.

The Libya Herald, an English-language newspaper based in Tripoli, reported Wednesday that Abu Khattala was en route to meeting a member of the Muslim Brotherhoo­d for dinner when he was seized.

Justice Minister Salah Marghani ordered U.S. officials to return Abu Khattala even as Libyan forces proved incapable of capturing him.

Abu Khattala is on a U.S. Navy ship en route to the United States, where he reportedly is undergoing interrogat­ion. The Associated Press reported that he’s on the USS New York, an amphibious transport ship constructe­d in part with steel taken from the destroyed World Trade Center.

His arrival date and the next steps, including his first appearance in a U.S. courthouse, aren’t yet known.

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