San Francisco Chronicle

Terror suspect’s capture under scrutiny in court

- By Spencer S. Hsu Spencer S. Hsu is a Washington Post writer.

WASHINGTON — The interrogat­ion of a Libyan militia leader accused of leading the 2012 Benghazi terrorist attack that killed a U.S. ambassador will take center stage at a weeklong federal court proceeding in Washington that could reveal new details about his capture and arrest by American authoritie­s.

Beginning Wednesday and over seven days, U.S. prosecutor­s and defense attorneys have told a federal judge they will lay out a detailed timeline of the treatment of Ahmed Abu Khattala, who was interrogat­ed during 13 days aboard a U.S. Navy vessel without a lawyer present.

Abu Khattala, 46, was questioned in a two-step process after being seized in 2014 by U.S. Special Operations forces at a villa south of Benghazi and transporte­d by sea to the United States.

Prosecutor­s said Abu Khattala waived in writing his right not to answer questions before making statements that led to his indictment on 18 counts in the September 2012 attacks, including charges of murdering U.S. Ambassador J. Christophe­r Stevens and three other Americans, killing a person in an attack on a U.S. facility and providing material support to terrorists. He has pleaded not guilty.

Abu Khattala’s lawyers allege the U.S. policy of abducting him and then exposing him to two separate sets of questioner­s — first an intelligen­ce-gathering unit not subject to constituti­onal safeguards and, later, an FBI unit that read him his Miranda rights before collecting evidence for criminal prosecutio­n — was deliberate­ly engineered to prevent his access to a lawyer and left him unable to understand he was signing away his legal protection­s.

The defense says none of Abu Khattala’s statements made over eight days of questionin­g by FBI agents should be allowed into evidence. He earlier was questioned over more than three days by a group of military, intelligen­ce and law enforcemen­t officials.

Abu Khattala is not expected to attend the weeklong hearing at the federal courthouse in Washington, D.C. A spokesman for the U.S. attorney’s office said it would not comment on the location of defendants in custody.

The hearing will provide a rare glimpse into the U.S. criminal justice system’s recent handling of terrorism suspects at sea, the secrecy involved, and its legal limits.

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