An eight-count indictment names Zubayar Al-Bakoush in the 2012 assault that killed Ambassador J. Christopher Stevens and three other Americans.
WASHINGTON, DC — A Libyan man accused of helping carry out the 2012 attacks on U.S. facilities in Benghazi is in U.S. custody and appeared Friday in federal court in the District of Columbia, authorities said. The Justice Department unsealed an indictment charging Zubayar Al-Bakoush with murder and multiple terrorism counts after his arrival on American soil.
Officials said the case marks the third U.S. prosecution tied to the Sept. 11, 2012, assault that left four Americans dead, including U.S. Ambassador J. Christopher Stevens. The suspect’s transfer to Washington follows a yearslong investigation led by the FBI with assistance from other agencies. The charges place the Benghazi case back in courtrooms after earlier convictions of two militants. Prosecutors say Al-Bakoush will be handled through the criminal justice system, not a military tribunal, with an initial appearance before a magistrate judge and further proceedings to follow.
According to the indictment, Al-Bakoush was part of an armed group affiliated with Ansar al-Sharia that massed outside the U.S. Special Mission compound in Benghazi on the night of Sept. 11, 2012. Attackers breached the gate shortly before 10 p.m., set fires inside the compound and targeted buildings, including the residence known as Villa C. Smoke from the blaze fatally overcame Ambassador Stevens and Information Management Officer Sean Smith. A second wave of gunfire and explosives followed around 11:15 p.m., prosecutors say, and attackers looted offices containing maps and computers. After midnight, rounds struck the nearby CIA Annex, culminating in a mortar attack that killed former Navy SEALs Tyrone Woods and Glen Doherty and wounded additional personnel.
The eight-count indictment charges conspiracy and provision of material support to terrorists resulting in death; murder of an internationally protected person; murder and attempted murder of U.S. nationals outside the United States; and arson and malicious destruction placing lives in jeopardy within U.S. special maritime and territorial jurisdiction. Attorney General Pamela Bondi said the case reflects a commitment to “prosecute in an American courtroom on American soil.” FBI Director Kash Patel credited a yearslong hunt by agents and partners, saying Al-Bakoush’s transfer shows the government will pursue suspects “no matter how long it takes.” U.S. Attorney Jeanine Pirro said the defendant would face proceedings in the District of Columbia. The filing does not detail how or where Al-Bakoush was apprehended. No plea was entered at the initial hearing.
Records show two other men have been convicted in connection with the Benghazi attacks. Ahmed Abu Khattala, described by prosecutors as a leader in the plot, was found guilty on terrorism charges and resentenced in 2024 to 28 years in federal prison. Mustafa al-Imam received nearly 20 years at sentencing in 2020 after conviction on related counts. Friday’s case centers on a different alleged participant and focuses on movements and actions within the assault window from late evening Sept. 11 into the early hours of Sept. 12, 2012. Prosecutors say Al-Bakoush entered the mission compound, conducted surveillance near the tactical operations center and attempted to access vehicles before regrouping with attackers ahead of the second push.
Authorities said Al-Bakoush is expected to return to court in Washington for a detention hearing. The Justice Department assigned the matter to the U.S. Attorney’s Office for the District of Columbia, with the National Security Division assisting. The FBI’s New York Field Office is listed as the lead investigative unit. The government has not said whether it will seek additional defendants or file superseding charges, but officials noted that the probe remains open. Any trial date would be set by a federal judge after pretrial motions and discovery. If convicted, the defendant faces potential life terms on several counts.
In announcing the charges, officials revisited the timeline of the Benghazi attack, which unfolded over several hours as armed men used rifles, grenades and mortars to overrun security. Former Diplomatic Security agent Scott Wickland was injured while trying to lead the ambassador and Smith to safety, according to the narrative included in charging documents. The Quick Reaction Force building used by local guards also came under fire. At the annex, mortar rounds later struck positions held by U.S. security contractors, killing Woods and Doherty and seriously wounding others, including a Diplomatic Security agent and a CIA security specialist. The department said unknowns remain about the full chain of command behind the assault.
Al-Bakoush’s Friday appearance took place before U.S. Magistrate Judge Moxila A. Upadhyaya. Routine scheduling matters were addressed, and the case was assigned to federal prosecutors in Washington. Additional filings are expected to outline discovery and any national-security protections that might govern classified material. Officials did not say whether they will seek special measures for juror anonymity or security at the courthouse. Defense counsel was not immediately listed on the docket. A public defender may be appointed pending any conflict checks or the defendant’s retention of private counsel.
Outside the courthouse, officials framed the transfer as the latest step in a protracted effort to hold attackers accountable across jurisdictions and years. “You can be assured that no matter how long it takes, or where you are located, the FBI remains steadfast in our duty to see justice served,” Patel said. Bondi called the Benghazi assault “a dark and tragic day for our nation that robbed us of four American heroes.” In a written statement, Assistant Attorney General John A. Eisenberg said the department’s resolve “has not wavered” more than 13 years after the attack. Family members of the fallen were not immediately available for comment.
As of Friday evening, Al-Bakoush remained in federal custody pending a detention hearing in Washington next week. Prosecutors said the investigation is ongoing and more filings could follow. The court will set a schedule for motions and any future trial date after the next hearing.
Author note: Last updated February 6, 2026.