A military judge has set June 5, 2028 as the trial date for Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001, terrorist attacks, and three co-defendants held at Guantanamo Bay since the early 2000s.
Judge Lt. Col. Michael Schrama of the U.S. military commissions rejected prosecutors’ request to begin the trial in January 2027, instead establishing a timeline contingent on the completion of procedural milestones by both the prosecution and defense. Opening statements would commence 30 days after a jury is empaneled, though defendants may defer their statements until prosecutors conclude their case.
The defendants—Mohammed, Walid bin Attash, Mustafa al-Hawasawi, and Ammar al-Baluchi—have been detained at Guantanamo Bay for over two decades following their capture in Pakistan in 2003. Their trial follows repeated delays since the initial charges were filed in 2008.
Procedural Timeline and Legal Considerations
Judge Schrama’s order outlines a structured timeline for the pre-trial phase, including deadlines for motions, evidence submission, and potential plea negotiations. Key provisions include:
- Defendants may seek a not guilty verdict within 14 days of prosecutors resting their case, followed by a 14-day response period from the prosecution and a seven-day rebuttal from the defense.
- Prosecutors retain the option to reopen their case 45 days after presenting initial evidence to address any deficiencies.
- A military appeals court is currently reviewing a prior judge’s decision to suppress the confession of Ammar al-Baluchi, which could further impact the trial’s proceedings.
The ruling comes weeks before the 25th anniversary of the 9/11 attacks, which resulted in nearly 3,000 deaths. The defendants face charges including conspiracy, murder, and terrorism, with prosecutors alleging their roles in planning and executing the attacks.
Background on the Case
Khalid Sheikh Mohammed, captured in 2003, has been a central figure in the U.S. government’s investigation into the 9/11 plot. His co-defendants—Walid bin Attash, Mustafa al-Hawasawi, and Ammar al-Baluchi—are accused of varying roles in the conspiracy, including logistical support and financial transactions linked to the attacks.
The case has faced numerous delays due to legal challenges, including disputes over the admissibility of evidence obtained through enhanced interrogation techniques. In 2021, then-Defense Secretary Lloyd Austin revoked plea deals that had been under negotiation with Mohammed and two co-defendants, citing concerns over the integrity of the process.
The trial’s outcome remains uncertain, with potential appeals and further legal maneuvers likely to extend the timeline beyond the currently scheduled date.