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The trial started when George W. Bush was still in office. It was then suspended when President Barack Obama announced plans to shut down the Guantanamo Bay detention center and hold the trial in New York, reports The Daily Beast.

The decision received much opposition from Congress.

Attorney General Eric Holder turned the case back over to the military.

Four other accused hijackers are also being charged. Military charges against the five men were re-sworn in June. On Wednesday Ret. Vice Adm. Bruce MacDonald, the official overseeing commissions, sent the case for trial, reports the Washington Post.

The men face charges of murder in violation of the law of war, attacking civilians, attacking civilian objects, hijacking aircraft and terrorism.

If convicted, the men face the death penalty. During the last case, the defendants said they would plead guilty because they wanted to be executed and die as martyrs.

An arraignment will be held at Guantanamo next month. Here, it will be made clear if the men still plan on pleading guilty.

Some information learned from Mohammed was learned after extensive water boarding and is likely to be an issue at the trial.