Updated

Former President George W. Bush and President Barack Obama are among those being asked to testify by the defense in the Sept. 11 case at Guantanamo in an effort to have charges dismissed.

Lawyers for three of five defendants filed a motion for dismissal because of what is known in the military commission system as "unlawful influence." The lawyers say in their pretrial motion that Bush, Obama and other officials have made public statements that make it impossible to give the defendants a fair trial. The motion was filed May 11 but it was only released Wednesday on a Pentagon website.

Military prosecutors have not yet responded.

Others named include Vice President Joe Biden and Attorney General Anthony Holder. The judge will decide whether they have to testify.