Sulaiman Abu Ghaith will face charges that he conspired to kill Americans in his in al-Qaeda. Source: AAP
OSAMA bin Laden's son-in-law was due to appear in a New York court on Friday to face charges that he conspired to kill Americans in his role as al-Qaeda's top propagandist, as a landmark prosecution on US soil takes aim at one of the terror network's senior leaders.
Officials said Sulaiman Abu Ghaith was captured in Jordan over the last week.
The Kuwait-born al-Qaeda spokesman, part of bin Laden's inner circle, lauded the attacks of September 11, 2001 and warned there would be more.
The case marks a legal victory for the Obama administration, which has long sought to charge senior al-Qaeda suspects in US federal courts instead of holding them at the military detention centre at Guantanamo Bay, Cuba.
Charging foreign terror suspects in American federal courts was a top pledge by President Barack Obama shortly after he took office in 2009 - aimed, in part, to close Guantanamo Bay.
Republicans, however, have fought the White House to keep Guantanamo open, and bringing Abu Ghaith to New York immediately sparked an outcry.
Abu Ghaith will appear on Friday in US federal court in New York, according to a Justice Department statement and indictment outlining the accusations against him.
US Attorney General Eric Holder defended holding Abu Ghaith in New York.
Holder reluctantly agreed in 2011 to try self-professed al-Qaeda mastermind Khalid Sheikh Mohammed in a Guantanamo Bay military court instead of a civilian court after a fierce Republican backlash.
"No amount of distance or time will weaken our resolve to bring America's enemies to justice," Holder said in a statement.
The Justice Department said Abu Ghaith was the spokesman for al-Qaeda, working alongside bin Laden and current leader Ayman al-Zawahri, since at least May 2001.
Abu Ghaith is a former mosque preacher and teacher and urged followers that month to swear allegiance to bin Laden, prosecutors said.
The day after the September 11 attacks, prosecutors say he appeared with bin Laden and al-Zawahri and called on the "nation of Islam" to battle against Jews, Christians and Americans.
A "great army is gathering against you," Abu Ghaith said on September 12, 2001, according to prosecutors.
Shortly afterward, Abu Ghaith warned in a speech that "the storms shall not stop - especially the airplanes storm" and advised Muslims, children and al-Qaeda allies to stay out of planes and high-rise buildings.
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