U.S. gov't requests joint terror trial with al Liby

Updated at 11:49 a.m. ET Oct. 23

(CBS News) Suspected al Qaeda mastermind Abu Anas al Liby appeared in federal court in New York City Tuesday, where he was appointed a defense attorney, and the judge announced a request from the U.S. government to try al Liby alongside two other accused terrorists currently awaiting trial.

The 49-year old Libyan pleaded not guilty October 15 in Southern District court to charges ranging from conspiracy to kill U.S. nationals, to conspiracy to murder and kidnap and maim outside of the United States, in connection with the deadly 1998 al Qaeda bombings of U.S. embassies in Africa. The attacks killed 224 people, including a dozen Americans, and wounded 5,000 others.

He was on the FBI's "Most Wanted" list and under federal indictment in New York for more than a decade.

Al Liby appeared in a navy blue jumpsuit and sneakers. While his graying hair and beard were trimmed, and he looked around the courtroom attentively, he walked into court and stood with some difficulty. He kept his hands folded in his lap, with a paperback Koran on the table in front of him.

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Bernard Kleinman said he was hired by a third party to defend al Liby, declining to tell CBS News whether the third party was the Libyan government. Kleinman also said it would take him months to read over 270,000 pages of documents presented as evidence in the case and review them with al Liby, who does not speak English and requires an Arabic translator.

Assistant U.S. Attorney Nicholas Lewin said an "inculpatory Mirandized statement" made by al Liby is included in the mountain of classified and unclassified evidence the government will present. Outside court, Kleinman refused to characterize the statement.

The U.S. District Court presiding judge, Lewis Kaplan, said the government is proposing a joint trial with al Liby, Adel Abdel Bary, and Khalid Al Fawwaz, also named in the indictment. Kaplan acknowledged the three defendants have been indicted in the same terrorist conspiracies and there is an abundance of overlapping proof.

While attorneys present said they need more time to consider the request for a joint trial, a potential roadblock maybe the so-called "Manchester Manual," a purported al Qaeda terror playbook seized from al Liby's Manchester apartment. Defense attorneys have been trying to exclude the manual from evidence and admit that would be harder to do if the other defendants were tried alongside al Liby.

Kleinman did characterize al Liby as "shocked" and "upset" that he was captured at gunpoint during an Oct. 5 U.S. raid in Libya, blindfolded, transferred to a U.S. Navy ship and interrogated in a manner Kleinman described as a clear violation of proper legal procedure.

Al Liby was transferred to U.S. civilian custody on Oct. 12, according to Manhattan U.S. Attorney Preet Bharara.

Kleinman also requested the government return al Liby's personal Koran, seized during his capture.

A key issue: timing of a trial and al Liby's health. Kleinman told CBS News his client suffers from hepatitis C but denied he has suffered more serious complications such cirrhosis of the liver or needs a transplant. He said he is receiving treatment and eating.

Al Liby's family and former associates have denied he was ever a member of al Qaeda and said he has lived an ordinary life since coming home in 2011.

Meantime, many within the counterterrorism community continue to question the decision to try al Liby in a civilian court.

CBS News State Department Correspondent Margaret Brennan: "Ultimately, the big question is if this principled directive by the Obama administration to transfer a believed al Qaeda operative to the criminal court system, instead of Guantanamo Bay, actually inhibits the collection of intelligence."

"(He) will be afforded all the rights of a criminal defendant in the United States," says CBS News Senior National Security Analyst Juan Zarate. "This includes the assumption of innocence in the courtroom -- which runs counter to the fundamental view held by the U.S. government that this is one of the preeminent, longstanding al Qaeda terrorists wanted for his role in horrific murders over the years."

Inherent in that concern -- the presumption al Liby is innocent until proven guilty -- and there is the chance he may be found not guilty and released from custody.

Zararte says his lawyers may elect to defend their client or clients by putting U.S. counterterrorism policies on trial.

Al Liby is the sixth man to appear in a Manhattan court to face charges in the embassy bombing attacks. The other five are serving life sentences.

Al Liby is being held without bail, and according to Lewin, isn't eligible for the death penalty.

He is due back in court on December 12.

The case is U.S. v. Hage, 98-cr-01023, U.S. District Court, Southern District of New York.