By Jeremy Herb - 04/04/12 06:15 PM EDT
Wednesday’s move is the next step to restart the trial against Mohammed and the other Guantanamo detainees, after President Obama attempted to move the trial out of the military commission and into a civilian court in New York City in 2010.
But following protests about taking the trial out of Guantanamo, the Obama administration changed course last year and said Mohammed would be tried by military commission.
The five defendants will be arraigned within 30 days at Guantanamo, and a military judge will be assigned to the case, according to the Pentagon.
Besides Mohammed, the other defendants who face the death penalty are Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi.
House Armed Services Committee Chairman Buck McKeon (R-Calif.) said it was "fitting they be tried in a military commission at Guantanamo Bay."
"It is time for the American people to hear the fullest possible account of the atrocities that these individuals have committed against the United States," he said in a statement. "It is time for judgement to be passed and long-delayed justice to be done."
— This post was updated at 3:09 p.m.