Washington D.C. : Zubayar Al-Bakoush, an armed coconspirator in the 2012 attack on U.S. facilities in Benghazi, Libya, that killed U.S. Ambassador J. Christopher Stevens and three other Americans, was charged in an eight-count indictment unsealed today in U.S. District Court on multiple terrorism and murder counts.
Bakoush, who is in federal custody, is expected to make his initial appearance today before U.S. Magistrate Judge Moxila A. Upadhyaya for the District of Columbia.
“The terrorist attack on our Benghazi Embassy was a dark and tragic day for our nation that robbed us of four American heroes,” said Attorney General Pamela Bondi. “Now, thanks to our brave federal agents, one of its alleged key participants will be prosecuted in an American courtroom on American soil. Under President Trump’s leadership, this Department of Justice will never rest in our mission to Make America Safe Again and deliver swift, severe justice to our enemies.”
“The FBI and our U.S. government partners have worked tirelessly to hold accountable those responsible for the heinous terrorist attacks in Benghazi, Libya that resulted in the deaths of the U.S. Ambassador, J. Christopher Stevens and U.S. government personnel Sean Smith, Tyrone Woods, and Glen Doherty,” said FBI Director Kash Patel. “The latest result of our efforts is bringing Zubayar Al-Bakoush to the U.S. to face charges for his alleged role in the attacks against our citizens and our facilities in Libya. 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 against those who harm our citizens. I’m grateful to the men and women of the FBI for their unrelenting efforts to bring us to where we stand today – this defendant will be prosecuted on U.S. soil.”
“Today’s indictment against Zubayar Al-Bakoush is indicative of President Trump’s resolve to hold accountable anyone who harms Americans, no matter where,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “Al-Bakoush is now on U.S. soil, because the FBI and Department of Justice never forgot those Americans who were seemingly forgotten in that outpost in Benghazi, Libya. President Trump, Attorney General Bondi, FBI Director Patel, and I will do whatever it takes, no matter how long it takes, to pursue justice for the victims and their families.”
“Over thirteen years have passed since the 2012 attack in Libya, and over eight since the last arrest in this case, but the Department of Justice’s resolve has not wavered,” said Assistant Attorney General for National Security John A. Eisenberg. “We never forgot those four Americans who were killed in service of our Nation, and we will continue to seek justice for them, their families, and for the United States.”
“In September 2012, Zubayar Al-Bakoush allegedly facilitated the terrorist attack on the United States Mission and Annex in Benghazi in which four Americans – including an ambassador – were murdered in an effort to incite additional violence against our country’s presence in Libya” said James Barnacle, Assistant Director in Charge of New York Field Office. “This bloody campaign waged unnecessary brutality against Americans and forever altered the lives of the victims’ families. May today’s significant disruption send a clear message: the FBI New York’s Joint Terrorism Task Force will never cease its tireless pursuit of any terrorist involved in the massacre of our nation’s citizens, regardless of when or where the onslaught occurred.”
The indictment charges Bakoush with:
- Conspiracy to Provide Material Support and Resources to Terrorists Resulting in Death
- Providing Material Support and Resources to Terrorists Resulting in Death
- Murder of an Internationally Protected Person
- Murder of a United States National Outside of the United States (Two Counts)
- Attempted Murder of a United States National Outside of the United States
- Arson and Placing Lives in Jeopardy Within the Special Maritime and Territorial
Jurisdiction of the United States and Attempting to Do the Same
- Maliciously Destroying and Injuring Property and Placing Lives in Jeopardy within the Special Maritime and Territorial Jurisdiction of the United States and Attempting to Do the Same
The charges stem from the Sept. 11, 2012, terrorist attack on the U.S. Special Mission and nearby CIA Annex that killed Ambassador Stevens and U.S. government personnel Sean Smith, Tyrone Woods, and Glen Doherty.
According to the indictment, Bakoush was a member of Ansar Al Sharia (AAS), an Islamist extremist militia in Benghazi, which had the goal of establishing Sharia law in Libya.
On the evening of Sept. 11, 2012, a group of more than 20 heavily armed men – including Bakoush assembled outside the main gate of the U.S Special Mission in Benghazi. They were armed with assault rifles, other firearms, and explosive devices. At about 9:45 p.m., the group of armed men violently breached the main gate of the Mission. Upon entry, the men fanned out across the Mission complex, setting fires to building within the Mission compound.
When the attackers could not gain entry to the secure area of Villa C, the Ambassador’s residence, they set fire to it. Ambassador Stevens and Mr. Smith suffocated from the thick, black smoke that enveloped the residence. Diplomatic Security Services (DSS) Special Agent Scott Wickland, who had tried to guide Ambassador Stevens and Mr. Smith to safety, was injured and repeatedly took small arms fire while trying to rescue the two Americans.
The extremist group also attacked the Quick Reaction Force building, which was occupied by local Libyans serving as guards for the Mission.
About 10 p.m., Bakoush entered the Mission compound with other conspirators, and conducted surveillance of the Tactical Operation Center and the Villa. After Bakoush attempted to gain entry to vehicles belonging to Mission staff, he and his co-conspirators temporarily retreated to an area just outside the Mission.
About 11:15 p.m., conspirators assembled outside the southern gate and launched a second violent attack on the Mission using AK-type assault rifles, grenades, and rocket-propelled grenades. After 30 minutes, the group entered the compound and plundered the Mission’s office of documents, maps, and computers containing sensitive information about the location of the CIA Annex.
At 12:30 a.m., conspirators attacked the Annex with small arms, assault rifles, and rocket-propelled grenades.
Following the attack at the Mission, in the early hours of September 12, 2012, the violence continued at the CIA Annex, first with gunfire and then with a precision mortar attack. While defending the Annex, Mr. Woods, Mr. Doherty, DSS Special Agent David Ubben, and CIA security specialist Mark Tiegen were hit by a precision mortar attack, leading to the deaths of Mr. Woods and Mr. Doherty. Special Agent Ubben and Mr. Tiegen were seriously wounded but survived.
The Department of Justice previously charged and convicted two leaders in the Benghazi attack on federal terrorism charges and other offenses. Ahmed Abu Khatallah, aka Ahmed Mukatallah was sentenced in June 2018 to 22 years in prison and resentenced in September 2024 to 28 years in prison. Mustafa al-Imam was sentenced in January 2020 to nearly 20 years.
This case was investigated by the FBI’s New York Field Office with substantial assistance from the Department of War, the CIA and the Department of State. The National Security Division’s Counterterrorism Section provided additional assistance.
The case is being prosecuted by the National Security Section of the U.S. Attorney’s Office for the District of Columbia.
