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WASHINGTON (AP) – A federal judge has refused to dismiss charges against a suspected Libyan militant charged in the 2012 Benghazi attacks that killed four Americans.

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Lawyers for Ahmed Abu Khattala had asked a judge to throw out all but one charge in an 18-count indictment.

They say the Justice Department is improperly prosecuting Khattala for acts that occurred overseas, rather than in the U.S.

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But U.S. District Judge Christopher Cooper rejected those arguments in an opinion dated Wednesday, though he did ask for additional arguments on two of the counts before making a decision.

Khattala was captured by U.S. special forces in a June 2014 raid in Libya and brought to the U.S. to face charges. He’s awaiting trial in federal court in Washington.

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