>> reporter: a big deal ahead will be how the case is tried with attorney general eric holder making clear khattalah will face trial in a criminal court killing a person in a federal facility, attempting to conspire terrorists and death and using a firearm in a crime of violence. while legal analysts say the case is a slam-dunk since he was spotted at the consulate at the time of the attacks and later boasted about it. marco rubio said that is not the point, it is being sent to g guantanamo for other attacks. >> we're not talking a burglary of a 7-eleven here. the idea we're treating these now as traditional criminal charges not only misses the point but puts the country at risk. >> reporter: top officials are closing the door on the suspect