Updated

An indictment Tuesday of a Libyan militant already behind bars for the 2012 Benghazi attack that killed four Americans confirms that computers with sensitive and classified information were stolen from the consulate during the assault.

Fox News was first to report in July that at least two computers were stolen from the consulate.  While the State Department initially dismissed Fox's report, the new, 18-count indictment against Ahmed Abu Khattala confirms that sensitive and classified information was lost, including the location of the top secret CIA annex.

Abu Khattala, 43, the first militant to be prosecuted for the Benghazi violence, had initially been charged with conspiracy to provide support to terrorists, resulting in death. U.S. officials had described that initial, one-count indictment as a placeholder to allow for him to be brought into court and for a grand jury to hear more evidence.

The new indictment does not add to the public account of how the account unfolded but it does include multiple counts that make Abu Khattala eligible for the death penalty if convicted, including murder of an internationally protected person and killing a person during an armed attack on a federal facility. It also accuses him, among other charges, of providing material support to terrorists, malicious destruction of property and attempted murder of an officer and employee of the U.S.

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