AP sources: Justice Department files first charges in Benghazi attack that killed 4 Americans

WASHINGTON — 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 complaint 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 officials spoke on condition of anonymity because they were not authorized to discuss a sealed filing.

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.

Earlier, CNN, NBC News and The Wall Street Journal reported that unspecified counts had been filed and sealed in the Benghazi attack.

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

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

"Osama bin Laden had been criminally charged long before the Sept. 11, 2001, terrorist attacks but was not apprehended," Rep. Darrell Issa, R-Calif., the chairman of the House Oversight and Government Reform Committee, said in a statement. U.S. Navy SEALS killed bin Laden in Pakistan on May 2, 2011. "Delays in apprehending the suspected Benghazi killers," Issa added, "will only put American lives at further and needless risk."

Waiting to prosecute the suspects instead of grabbing them now could add to the political burden the Benghazi case already has placed on Obama and Democrats who want to succeed him in 2016.

Since Obama's re-election, Republicans in Congress have condemned the administration's handling of the matter, criticizing the level of embassy security and questioning the talking points provided to U.N. Ambassador Susan Rice for her public explanation of the attack. Conservatives have suggested that the White House tried to play down the incident to minimize its effect on the president's campaign.

Republicans also have taken political aim at Hillary Rodham Clinton, who was secretary of state at the time of the attack and is a possible Democratic presidential contender in 2016.

In an interview with the Times in October, Khattala said he had arrived at the American compound in Benghazi as gunfire broke out but that he had played no role in the attack. He told the newspaper that he entered the compound at the end of the siege in an attempt to rescue Libyan guards who worked for the Americans and were trapped.