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

Lawyers for Ahmed Abu Khattala (hah-TAH’-lah) 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.

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.

(AP)