5 years after Benghazi attacks, search for jury starts for terrorism trial in DC
By SPENCER S. HSU | The Washington Post | Published: September 12, 2017
WASHINGTON — Five years after lethal attacks in Benghazi on U.S. diplomatic and intelligence facilities, potential jurors arrived Tuesday in federal court in Washington in preparation for the terrorism trial of the accused leader of the assaults in Libya.
Potential jurors answered 28 pages of questions that plumbed their views on issues that have confronted and roiled the country for more than a decade.
The 130 questions extended beyond routine vetting queries about employment, education and previous jury experience to ask about views on whether the U.S. government acts fairly toward mostly Muslim countries and aggressively enough to fight terrorism.
The questionnaire that individuals filled out privately also asked how concerned they are about a terrorist attack where they live or work, whether they think Islam endorses violence, about their religious affiliations and whether any Islamic or Muslim cultural practices are offensive to them, such as the wearing of headscarves by women.
Would-be jurors also faced questions about their political activity, including whether they listen to political commentators on TV or talk radio and if so, which ones.
They also were asked their opinion about whether then-Secretary of State Hillary Clinton or the State Department contributed to the attack on the facilities in Benghazi, or the ability of the government to respond.
The questionnaire is the first phase in trying to seat a jury for the trial of Ahmed Abu Khattala, 46, who has pleaded not guilty to all charges of conspiring in the attacks on Sept. 11 and 12, 2012, that killed U.S. Ambassador J. Christopher Stevens and three other Americans: Sean Smith, Tyrone Woods and Glen Doherty. Abu Khattala is the first terrorism suspect to face trial in a civilian U.S. courtroom after being captured in a raid overseas and interrogated aboard a U.S. warship.
U.S. District Judge Christopher R. "Casey" Cooper approved the questionnaire from a list of proposed questions jointly submitted by Abu Khattala's lawyers and federal prosecutors.
"You have probably figured out that this is not an ordinary, run-of-the-mill trial," Cooper told 125 District residents who received the form at the Ceremonial Courtroom of the E. Barrett Prettyman Federal Courthouse downtown Tuesday afternoon. "There are no right answers, or wrong answers. There are only honest answers," Cooper instructed.
In-person jury selection begins next week when attorneys for each side will be able to ask members of the jury pool about their written responses before a trial that is projected to last six weeks, with opening statements set for Sept. 25.
Cooper eliminated nine queries that one side or the other had disputed, including a question about whether a potential juror or a parent or spouse of that potential juror, was born outside the United States.
Lengthy juror surveys have become a feature of terrorism and other major federal trials, designed to elicit specific biographical facts and sensitive opinions to find jurors who have no bias toward either side, and who can keep an open mind and follow court instructions.
Experts say written forms filled out privately over days procure far more insights than can be learned by talking in person.
The challenges in seating a jury are especially high in heavily publicized cases such as Abu Khattala's, and in a national security-related trial in the nation's capital, where many potential jurors may have firsthand work or personal experience with Benghazi and with the Sept. 11, 2001, terrorist attacks - which included a strike at the Pentagon - or with the U.S. response to terrorism in Iraq, Afghanistan and elsewhere.
The Abu Khattala questionnaire probes subtly and pointedly where respondents stand on that collection of topics, including asking indirectly about the political vitriol over Benghazi in last year's presidential contest.
The jury pool is being asked whether they, their relatives or anyone close to them have ever been actively involved in politics, other than voting; worked for any entity that investigated or inquired into the attack, including the State Department, House oversight committees and the fundraising arm of House Republicans; or belong or contribute to any advocacy group, charity or community organization.
Jury candidates also are asked whether they watched or listened to any congressional hearings, including Clinton's 2015 appearance before a House select committee; read any books, reports or scholarly articles specifically related to the attacks; or have seen any related movies, videos or documentaries, including "13 Hours: The Secret Soldiers of Benghazi," a 2016 feature film about U.S. security contractors hired to protect the CIA base in Benghazi.
The questionnaire also asks jurors whether anyone in their family was killed or injured in a terrorist act or in the U.S. military since 2001 in the Middle East or Africa; whether they served or planned to work in any capacity there; whether they or a close associate has ever worked as Pentagon, State Department, CIA or another U.S. intelligence entity's employee or contractor; or participated in a terrorism-related rescue, support activity or investigation.
Other questions delve into respondents' and their close associates' familiarity and experience in fields such as the law, criminal justice, national security, counterterrorism, religion, international studies, media, military history, or Islamic or Middle Eastern studies.