Khalid Sheikh Mohammed, the purported mastermind of the September 11 attacks, has been scheduled for trial in a military tribunal in June 2028, nearly two decades after his capture. Despite the new date, legal experts and attorneys involved in the case predict that a trial may never occur due to complex legal hurdles stemming from Mohammed's treatment in CIA custody. The military judge’s recent ruling excluded an alleged 2007 confession to the FBI, citing that it was tainted by enhanced interrogation techniques, including waterboarding.
Mohammed has been detained at the U.S. military base in Guantanamo Bay, Cuba, since September 2006. He was originally captured in Pakistan in 2003. The legal proceedings have been marked by significant delays, including the collapse of a plea agreement in 2024 that would have spared him the death penalty in exchange for life imprisonment. The decision to set a 2028 trial date follows years of procedural disputes and a failed attempt to try Mohammed in a civilian court in New York City.
What the Left Is Saying
Attorneys representing Mohammed and critics of the current legal framework argue that the military commission system is fundamentally flawed and contaminated by the legacy of torture. Joshua Dratel, an attorney involved in ensuring Mohammed’s legal representation, stated that the process is "all contaminated by politics and the lack of accountability on torture." Dratel described the military tribunal as a "worse solution" than a civilian trial, noting it lacks proper structure and fidelity to federal courts.
David Raskin, a former government prosecutor who would have led the civilian case, argued in an essay for The Washington Post that the military commissions have become a "defense lawyer's dream" due to endless litigation over legality and procedures. Raskin expressed confidence that a civilian trial would have resulted in a conviction, contrasting this with his prediction that there will "never be a completed military commission trial" for Mohammed and other defendants.
What the Right Is Saying
Critics of a civilian trial, including former New York City Mayor Rudy Giuliani, previously argued that moving the case to Manhattan was unwise and demonstrated "a lack of concern for the rights of the public." Concerns were raised that Mohammed would use a public trial as a platform to spread anti-American views and that the proceedings would make New York a target for further terrorist attacks.
Terry Strada, national chair of 9/11 Families United, whose husband died at the World Trade Center, represents the perspective of many victims' families who prioritize justice and security over procedural speed. Strada stated she would prefer Mohammed remain indefinitely at Guantanamo Bay rather than accept a plea deal that removes the death penalty. She argued that execution "fits the crime" and prevents future leaders from potentially swapping Mohammed for American prisoners held elsewhere.
What the Numbers Show
Khalid Sheikh Mohammed was captured in Pakistan in 2003 and transferred to Guantanamo Bay on September 5, 2006. A U.S. Senate report identified that he was subjected to 183 sessions of waterboarding during his time in CIA custody. The recent military judge ruling in late August excluded his 2007 FBI confession based on these torture findings. The government chose not to appeal this exclusion to avoid further delays. The current trial date is set for June 5, 2028.
The Bottom Line
The case of Khalid Sheikh Mohammed highlights the enduring legal and political challenges of prosecuting terrorism suspects captured and interrogated under controversial methods. While a trial date has been set for 2028, the exclusion of key evidence and the historical failure of both civilian and military legal pathways suggest significant uncertainty. Victims' families continue to seek resolution, with some prioritizing the death penalty as a safeguard against future prisoner exchanges, while legal experts remain skeptical that a trial will ever conclude. The situation remains a focal point for debates on accountability, national security, and the rule of law.