An AP report via Fox Nation via claims that although the FBI has identified five men believed to have been behind the September 11 Benghazi attacks, those men remain free because President Barack Obama will not allow the military to seize them.

According to the report, the FBI says it has evidence sufficient to support seizing the men as “suspected terrorists.” Yet because such an action would have to be carried out by the military, Obama appears unwilling to authorize it.

Therefore, for the time being, the men are free while the FBI seeks enough additional evidence to clear a higher legal hurdle–which means “gathering enough proof to try them in a U.S. civilian court.”

According to the AP, that is what “the Obama administration prefers.”