From DOJ’s press release. Note al-Imam appears to be en route to US, but how (and how fast) that trip is occurring is not public.
Libyan National Charged With Federal Offenses in 2012 Attack on U.S. Special Mission and Annex in Benghazi
Mustafa al-Imam, a Libyan national approximately 46 years old, has been charged for his alleged participation in the Sept. 11, 2012, attack on the U.S. Special Mission and Annex in Benghazi, Libya, which resulted in the deaths of four Americans.
“The murder of four Americans in Benghazi on September 11, 2012 was a barbaric crime that shocked the American people. We will never forget those we lost – Tyrone Woods, Sean Smith, Glen Doherty and Ambassador Christopher Stevens – four brave Americans who gave their lives in service to our nation," said Attorney General Jeff Sessions. "We owe it to them and their families to bring their murderers to justice. Today the Department of Justice announces a major step forward in our ongoing investigation as Mustafa al-Imam is now in custody and will face justice in federal court for his role in the attack. I am grateful to the FBI, our partners in the intelligence community and the Department of Defense who made this apprehension possible. The United States will continue to investigate and identify all those who were involved in the attack – and we will hold them accountable for their crimes.”
“The apprehension of Mustafa al-Imam demonstrates our unwavering commitment to holding accountable all of those responsible for the murders of four brave Americans in a terrorist attack in Benghazi,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “Together with our law enforcement partners, we will do all that we can to pursue justice against those who commit terrorist acts against the United States, no matter how far we must go and how long it takes.”
Mustafa al-Imam is charged in a recently unsealed three-count criminal complaint. The complaint, which was filed under seal on May 19, 2015, in the U.S. District Court for the District of Columbia, charges al-Imam with:
· 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 possession of a firearm during and in relation to a crime of violence.
Al-Imam is in U.S. custody, and upon his arrival to the U.S. he will be presented before a federal judge in Washington, D.C.
Charges contained in criminal complaints are merely allegations that a defendant has committed a violation of criminal laws, and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI’s New York Field Office with substantial assistance from various other government agencies. The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the National Security Division of the U.S. Department of Justice