Judge Andrew Napolitano today weighed in on the latest news on the Benghazi terror suspect.

Read background from FoxNews.com:

A federal judge ruled Wednesday that the Libyan militant charged in the 2012 deadly attacks in Benghazi, Libya, will remain in a U.S. detention center until his trial.

Federal prosecutors made the request, saying they have witnesses, forensic evidence and statements by Ahmed Abu Khatallah linking him to the terror attacks, in which four Americans were killed at a U.S. outpost in Benghazi.

They also said he was commander of an armed militia and has no ties in the United States.

The ruling was made by Magistrate Judge Deborah A. Robinson, who also told Khatallah’s court-appointed lawyers that they reserve the right to revisit the issue.

A defense lawyer attempted to dismiss prosecutors’ arguments that his client was armed when captured by U.S. special forces, saying many people in Libya carry a weapon. The defense team also argued it had only limited and recent access to the prosecution evidence.

The court appearance for Khatallah, unshackled and dressed in a green jumpsuit, was his second since his capture and arrival last week in the United States.

He requested a copy of the Koran and Halal foods, which Muslims are allowed to eat under Islamic Shariah law.

The next hearing is scheduled for Tuesday.


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Napolitano explained that whatever Khatallah told interrogators during his 10 days on the ship to the U.S. cannot be used against him, which “leaves the government with relatively little evidence.”

So what’s next for this case?

“This will take a slow, below-the-fold, back page pace now as that slow methodical litigation begins, as the government begins to give information about its case to the defense, the defense analyzes it and decides how to reduce it and portray it in a light most favorable to the defendant. It will become a run-of-the-mill, standard criminal case, albeit one that has a lot of interest because of the death of the American ambassador and his bodyguards,” Napolitano said.

Napolitano also discussed the Hobby Lobby Supreme Court decision. Listen to more above.