Benghazi suspect denied release

A federal judge on Wednesday ruled that a Libyan man charged in the 2012 Benghazi attacks must remain in U.S. custody until his trial, a decision his own lawyer conceded was reasonable.

Assistant federal public defender Michelle Peterson, who is representing Ahmed Abu Khattala, acknowledged that it was appropriate for her client to remain behind bars at the moment, given the nature of the charge he faces and his lack of ties to the United States.

Courts are more likely to release defendants during trial who have contacts or family members to stay with near the venue.

Khattala faces criminal charges over his alleged participation in the Sept. 11, 2012, attack on the U.S. compound in Benghazi that led to the death of four Americans, including the U.S. Ambassador Christopher Stevens.

Khattala has pleaded not guilty to a charge of conspiring to provide support to terrorists — a crime punishable by up to life in prison — but the Justice Department has said it expects additional charges soon.

Although she conceded to the need for him to remain imprisoned, Peterson said she had so far seen no evidence of any role by Khattala in the attacks.

"What's been filed has shown, quite frankly, an utter lack of evidence of Mr. Khattala's involvement in the incident in Benghazi," Peterson told the court.

"We are left to glean from press reports what the government's evidence is."

Khattala appeared briefly in federal court in Washington, wearing a green prison jumpsuit and a long, graying beard. He listened to the proceedings through headphones as an interpreter translated the conversation into Arabic. Peterson requested that he be served a halal diet and receive a copy of the Quran.

It was his second appearance in court after being captured June 15 by a U.S. military and FBI team and transported to the United States on a Navy ship, where he was interrogated by federal agents. The Libyan government accused the United States of violating its sovereignty in the raid and demanded Khattala's return. 

Reuters reported Tuesday that Khattala has been talking to U.S. interrogators both before and after he was advised of his right under U.S. law to remain silent, and is being held in Alexandria. The New York Times published a similar story.

Prosecutors provided some new details in a court filing Tuesday night, arguing that he was part of a group of roughly 20 armed fighters who stormed the diplomatic compound on the night of the attacks. They say he was motivated to participate in the attacks by a violent ideology.

In the filing, the U.S. Attorney's office in the District of Columbia identified Khattala as a senior leader of an anti-Western group, Ansar Al Sharia.

Khattala entered the American compound after initial attackers broke through, and "supervised the exploitation of material from the scene," prosecutors wrote.

Prosecutors also said in the filing that they had numerous witnesses and physical evidence to support their case, and that Khattala gave "voluntary statements corroborating key facts" after his capture.

It was not immediately clear how soon he would face trial.

The deaths of the Americans at Benghazi has become a talking point for members of Congress critical of the White House, most of them Republicans, who accuse the Obama administration of failing to provide adequate security at the American compound in the coastal Libyan city. 

If the trial goes on long enough, it could begin to abut the 2016 presidential election, in which former Secretary of State Hillary Clinton is expected to run. She was the top U.S. diplomat during the deadly attack and has faced a flurry of criticism over the administration's handling of the raid.

Just after Khattala was captured, some Republicans called for the suspect to be held at the U.S. military prison at Guantanamo Bay and face further questions by federal officials. 

Under President Obama, the Department of Justice has tried and convicted in civilian courts several other people suspected of participation in political violence against the U.S. — including Osama bin Laden's son-in-law.

Opponents of such trials have argued that the relative transparency of federal courts could undermine U.S. intelligence gathering on other suspects.

"It would be the biggest mistake for the ages to read this guy his Miranda rights," Sen. Lindsay Graham, R-S.C., said last month, according to the Washington Post.

"We should have some quality time with this guy, weeks and months. Don't torture him — but have some quality time."

Al Jazeera and wire services