(CNN) -- An alleged al Qaeda operative accused of playing a role in the 1998 U.S. Embassy bombings in Kenya and Tanzania is to appear Tuesday in federal court in New York.
U.S. Army Delta Force soldiers seized Abu Anas al Libi, a 49-year-old Libyan, on October 5 from outside his house in Tripoli, Libya.
U.S. officials say he was taken initially to a Navy ship for questioning before he was taken to the United States over the weekend.
His arrival in the U.S. has reopened a debate over whether international terrorist suspects should be tried in U.S. courts.
U.S. Rep. Peter King, R-New York, said Monday that it was "unfortunate" that al Libi was on U.S. soil.
"It shows the inherent flaws in the U.S. policy decision to try in the U.S. because once you arrive on U.S. soil, that ends the interrogation of these high-value detainees," King said. He added that that wouldn't have happened had al Libi been sent to Guantanamo Bay, Cuba, and faced a military commission there.
U.S. or military court
President Barack Obama and Attorney General Eric Holder have previously said they prefer to try people such as al Libi in American courts.
In 2009, Holder said five detainees with alleged ties to the September 11, 2001, terrorist attacks would be transferred from Guantanamo Bay to New York for trial in civilian court.
Holder then reversed course, announcing that accused 9/11 mastermind Khalid Sheikh Mohammed and others would be tried in a military commission at Guantanamo.
Al Libi was indicted in 2001 by the federal court in the Southern District of New York in the embassy bombings and in connection with his alleged roles in al Qaeda conspiracies to attack U.S. forces in Saudi Arabia, Yemen and Somalia.
State Department deputy spokeswoman Marie Harf said last week that there was no chance that al Libi would end up at Guantanamo.
"The administration's position on Guantanamo is clear: Our goal is not to add to the population, it's to reduce it, which we've done," she said. "Our policy is not to send any new detainees to Guantanamo."
Family wants a lawyer
Al Libi's family said they had received no news about him from the U.S. or Libyan governments and were shocked to learn that he had arrived in the United States.
His son, Abdullah, said the family hoped to get a lawyer who would "work with him, for him." It was unclear if al Libi already has a lawyer.
"We don't want him talking to just anyone," Abdullah said. "We don't want just any lawyer asking him questions."
Some terrorism experts have questioned how much valuable intelligence al Libi would be able to provide. A former jihadist associate told CNN last week that it was unlikely that he still had an active role with the terrorist network.
His wife said he was no longer a member of al Qaeda, had a normal life and was seeking a job with the Libyan Oil Ministry.
Journalist Ayman al-Kekli in Tripoli and CNN's Nic Robertson, Evan Perez and Susan Candiotti contributed to this report.
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