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The Justice Department has filed the first criminal charges in the deadly attack on the U.S. diplomatic mission in Benghazi, Libya, two U.S. officials said Tuesday.

The officials confirmed that a sealed indictment was filed in U.S. District Court in Washington against an unspecified number of individuals in the September 2012 attack that killed Ambassador Chris Stevens and three other Americans.

One official said those charged included Ahmed Abu Khattala, the head of a Libyan militia.

The New York Times reported late Tuesday that Khattala had been charged with murder and that he has said in an interview that he is innocent. At least two other foreigners have been charged in the attacks, the newspaper said.

Law enforcement officials said the charges against Khattalah were filed some time ago.

The officials spoke on condition of anonymity because they were not authorized to discuss a sealed indictment.

“The department’s investigation is ongoing. It has been, and remains, a top priority,” said Justice Department spokesman Andrew Ames, who declined to comment further.

A key Republican urged the administration to do more than file charges.

“Delays in apprehending the suspected Benghazi killers will only put American lives at further and needless risk,” Rep. Darrell Issa, R-Calif., the chairman of the House Oversight and Government Reform Committee, said in a statement.

The Associated Press reported in May that American officials had identified five men who might be responsible for the Sept. 11, 2012, attack in Benghazi that occurred just weeks before President Barack Obama’s re-election.

The FBI released photos of three of the five suspects, asking the public to provide more information. The images were captured by security cameras at the U.S. diplomatic post during the attack.

The FBI and other U.S. intelligence agencies identified them through contacts in Libya and by monitoring their communications.

They are thought to be members of Ansar al-Shariah, a Libyan militia groupe.

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