More than 26 years after the September 11, 2001 terrorist attacksa US military judge has set June 5, 2028, as the trial date for Khalid Sheikh Mohammed, the alleged architect of the attacks.
Air Force Lt. Col. Michael A. Schrama ruled that the prosecution’s proposed January 2027 trial date was unrealistic. This is because significant pretrial disputes remain unresolved. Those include disagreements over evidence that prosecutors intend to present and procedural issues that must be settled before jurors can hear the case.
Previous trial dates have repeatedly been delayed because of legal challenges and doubts about evidence that were obtained after the defendants’ detention.
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Why has Khalid Sheikh Mohammed’s trial taken so long?
Khalid Sheikh Mohammed has been in US custody since 2003. He was captured in Pakistan. The US authorities accuse him of planning and directing the 9/11 attacks, in which 19 al-Qaida hijackers commandeered four commercial aircraft.
Two planes struck New York City’s World Trade Center, another hit the Pentagon, and a fourth crashed into a field near Shanksville, Pennsylvania, after passengers fought back against the hijackers.
The attacks killed nearly 3,000 people and remain the deadliest terrorist assault on American soil.
Mohammed is standing trial alongside three alleged co-conspirators:
- Walid bin Attash
- Ali Abdul Aziz Ali (Ammar al-Baluchi)
- Mustafa al-Hawsawi
All four remain detained at the US naval base at Guantanamo Bay.
Military prosecutors have sought the death penalty against the defendants. However, the case has faced repeated delays because of litigation over interrogation methods and classified evidence.
Due to the court’s pending decisions on significant pretrial motions, the trial date of 2028 is still tentative. Whether admissions and comments made by the defendants following years of severe CIA interrogation methods and waterboarding can be lawfully accepted as voluntary evidence is still the key legal obstacle.
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Plea deal collapse pushed the case toward trial
The latest trial date follows the collapse of a plea agreement that would have avoided a full capital trial.
Last year, a federal appeals court rejected a negotiated deal that would have allowed Khalid Sheikh Mohammed and two co-defendants to plead guilty in exchange for life imprisonment without parole instead of facing possible execution.
The agreement also required the men to answer questions from families of the victims about the planning and execution of the attacks.
The plea arrangement had been negotiated over two years. However, the Biden administration later withdrew support for the deal.
Judge Schrama acknowledged that the June 2028 trial date is not guaranteed. A previous trial had also been scheduled for 2021 before being canceled amid continuing legal challenges.
In his ruling, he noted that the proceedings depend on both sides meeting numerous deadlines and resolving outstanding disputes before jury selection can begin.
