A federal indictment filed on December 14, 2009, unsealed on April 4, 2011, charges five men with ten counts relating to the terrorist attacks on September 11, 2001. The indictment ends with Count Ten: Conspiracy to Kill Americans, and lists the names of 2,976 "Murder Victims of September 11, 2001 Attacks."

The language used in this indictment regarding the background of the al Qaeda organization, its leadership, and motives, was the main reference in developing the portions of the exhibit at Flight 93 National Memorial relating to the terrorist plot and its origins.

The five men charged in this indictment are:

Khalid Sheikh Mohammed who was "closely associated with Usama Bin Laden, participated in the formulation of the plot resulting in the September 11, 2001 attacks, and was the plot's operational leader."

Walid Bin Attash who was "closely associated with Usama Bin Laden and participated in the plot resulting in the September 11, 2001 attacks by, among other things, collecting information on matters related to airport and airplane security measures."

Ramzi Bin Al-Shibh who "tried to become one of the pilot hijackers, but failed to obtain a visa for entry into the United States; instead Bin Al-Shibh managed the plot resulting in the September 11, 2001 attacks by, among other things, sending money to hijackers in the United States from abroad."

Ali Abdul Aziz Ali who "facilitated the plot resulting in the September 11, 2001 attacks by, among other things, sending money to hijackers in the United States from abroad."

Mustafa Al-Hawsawi who "facilitated the plot resulting in the September 11, 2001 attacks by, among other things, helping the hijackers travel to the United States and facilitating their efforts upon arrival."

As of December, 2015, these five remain in US custody at the detention center at Guantanamo Bay Naval Station in Cuba. A trial date has not yet been determined.