Hoping Benghazi will just go away

Andrew McCarthy writes in National Review,

In a terse submission to the federal district court in Washington, D.C., the Obama Justice Department has announced that it will not seek the death penalty against Ahmed Abu Khatallah. He is the only terrorist charged in the Benghazi massacre of September 11, 2012, in which U.S. ambassador J. Christopher Stevens and three other American officials were killed in an attack carried out by dozens of jihadists.

...On the face of it, Khatallah is a textbook case for capital punishment. The Benghazi indictment alleges that he willfully and maliciously caused the death of Americans in a terrorist attack that he helped coordinate. The facts of his offense check several of the “aggravating factor” boxes in federal death-penalty law. There is, moreover, a national-security component, inherent not only in the Benghazi atrocity itself but in the perverse incentive that the government’s failure to seek an available death sentence would create for others considering mass-murder attacks against American installations overseas.

In addition, terrorists imprisoned by the United States after being prosecuted for successful attacks against America become iconic figures in the jihad. As long as they live, they can and do inspire more attacks, recruitment, and fundraising.

Thus, legal and national-security considerations militate in favor of seeking capital punishment. Remember, Mr. Stevens was the first U.S. ambassador killed in the line of duty since 1979. An attack on our ambassador and on sovereign American facilities abroad is an act of war against the United States. Since national security is the core responsibility of the federal government, there can be no federal offense more worthy of capital treatment.

...if the government had sought the death penalty, Khatallah would have been entitled, during the sentencing phase, to attempt to show that he was just a minor player; that there are other, more culpable actors who are not even being prosecuted, much less subjected to the death penalty; that the government’s own missteps — its own support of jihadists — played a role.

...a death-penalty prosecution would call into question many aspects of Benghazi that the Obama administration has long sought to keep under wraps: how Obama-administration policy empowered the jihadists who carried out the attack; how those jihadists were linked to al-Qaeda, which the president was then ludicrously claiming to have defeated; how those jihadists attacked Western targets in Benghazi several times before September 11, 2012; how, despite that fact, the State Department led by Hillary Clinton reduced security at its Benghazi facility; how there has been no explanation why the State Department had a facility in Benghazi, one of the most dangerous places in the world for Americans; how there were American military assets in place that might have been able to rescue at least some of those killed and wounded in Benghazi, yet they were not used.

...al-Qaeda was very much on the offensive. Obama, however, was on the campaign trail falsely assuring Americans that the terror network had been “decimated.” Obama’s decision to back Libyan “rebels” against Moammar Qaddafi had resulted in the arming of anti-American jihadists and the teetering of Libya on the brink of collapse. Obama, however, was on the campaign trail pronouncing his Libya policy a boon for regional stability.

...when the September 11 siege occurred, the Obama administration knew from the first moments that it was a terrorist attack of the sort that any competent assessment of the red-blinking intelligence would have predicted. Obama and Hillary Clinton, however, colluded in an elaborate scheme to convince the public that the atrocity was not an al-Qaeda-connected terrorist attack but a spontaneous protest run amok, provoked by an anti-Muslim video.

This last point is worth emphasizing. We now know, thanks to the belated disclosure of Hillary Clinton’s e-mails, that even as she and the administration were fraudulently telling the American people that the attack was a video-inspired protest that spun out of control, she was frankly discussing with foreign government officials (and her daughter, Chelsea) that it was a terrorist attack involving al-Qaeda affiliated jihadists.

...By opting not to seek the death penalty, the Justice Department is in a stronger position to argue to the court that the only narrow issue for the jury is whether Khatallah’s conduct makes him guilty of the specific charges in the indictment. Prosecutors have a far better chance of preventing the trial from becoming a free-wheeling inquiry into what happened in Benghazi, and why. And now, if the administration could just get Khatallah to plead guilty to a count or two, maybe it could make the whole thing go away.

Read more here.