Benghazi Suspect Arrested

On Saturday June 16,2018. Libyan military authorities reportedly arrested Abu Sufian bin Qumu on a raid in Derna, Libya; one of the last strongholds of the jihadis terror groups in the region. Bin Qumu is a senior Al-Qaeda leader, previously serving as a driver for Osama bin Laden.

After the fall of the Taliban in November of 2001, Bin Qumu fled into neighboring Pakistan was captured and detained at the U.S. facility in Guantanamo Bay, Cuba.

In 2003 the Department of Defense recommended to the Department of Defense’s Joint Task Force Guantanamo (JTF-G) that Qumu remain at Guantanamo Bay and not be released from custody because they found him to be medium risk to the US and of high intelligence value. Despite these recommendations the Bush Administration transferred Bin Qumu into the custody of the Libyan government in 2007.

In 2011, Bin Qumu escaped from a Tripoli prison returning to Derna where he founded Ansar al-Sharia Derna (ASD) in the spring of 2011 following the death of dictator Muammar Gaddafi in Libya.

The United States should work with the Libyan government to interrogate Bin Qumu about his role in the 2012 attack in Benghazi. That said, there will be serious concerns if the U.S. should seek to extradite bin Qumu for his role in the attack.

One suspect from the Benghazi terror attack has already faced trial in US courtroom. Ahmed Abu Khatallah was found guilty on 4 charges including material support for terrorism but was found not guilty of the murder of the four Americans killed in the attack. Abu Khatallah faces 20 years in prison.

Abu Khatallah’s trial has clear implications for any U.S. attempt to bring Bin Qumu to trial, where he would be afforded the same constitutional protections given to Americans when they face trial.

Bin Qumu has already spent time as a detainee in the Guantanamo Bay military prison, so returning him to Guantanamo is an option, although the prospect of a successful military commission trial is doubtful given the commission systems many problems. At the same time, if the U.S. were to choose not to seek to extradite Bin Qumu, he remains in the custody of the Libyan government, where there remains the risk of a future escape, as occurred in 2011.

The State Department said they could not confirm the arrest, and had no official comment deferring to Libyan authorities, suggesting the U.S. government does not intend to make extraditing Bin Qumu a priority.