Fox News confirmed today that a suspect in the September 2012 was captured by Special Forces on Sunday. Ahmed Abu Khatallah is aboard a Navy ship en route to the United States.

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Listed in the criminal complaint against Khatallah are:

  • Killing a person in the course of an attack on a federal facility involving the use of a firearm and dangerous weapon and attempting and conspiring to do the same.
  • Providing, attempting and conspiring to provide material support to terrorists resulting in death.
  • Discharging, brandishing, using, carrying and possessing a firearm during and in relation to a crime of violence.

Today on Shepard Smith Reporting, Judge Andrew Napolitano said filing a criminal complaint and not an indictment doesn’t allow officials to hold Khatallah longer for questioning. However, he explained that it does allow for Khatallah to be arrested and brought to a federal judge.

"Often a complaint […] is based upon skimpy, scanty knowledge that the FBI has before it develops a case against a person,” Judge Napolitano said, adding that it’s more expedient to file a criminal complaint because you don’t have to go to a grand jury. 

He suspected that Khatallah is being interrogated for intelligence purposes without having been read his Miranda rights. If that’s the case, the judge said whatever information he reveals cannot be used in the prosecution, but can be used to help catch his comrades.