Musannaf Ibn Abi Shayba 19:939

Abu Bakr narrated to us, he said: Hushaym narrated to us, from Hajjaj, from al-Qasim ibn Abi Bazzah, from Mujahid; and from Layth, from ‘Ata’ and Mujahid; and Juwaybir, from al-Dahhak; and Abu Hurrah, from al-Hasan, that they said regarding the *muharib* (the one who wages war/commits highway robbery): The Imam has the choice regarding him.