Nearly 27 years after the Sept. 11, 2001, terrorist attacks, families of victims are confronting the prospect that the legal process to bring the alleged plotters to justice may never conclude. A military judge has tentatively scheduled the trial of alleged 9/11 mastermind Khalid Sheikh Mohammed and three co-defendants for June 5, 2028, at Guantánamo Bay.
This date, nearly three decades after the attacks that killed almost 3,000 people, remains uncertain due to significant legal obstacles. A recent ruling by the military judge barring prosecutors from using statements Mohammed made to FBI agents in 2007 has further complicated the case. The judge found these statements tainted by coercive treatment Mohammed endured in U.S. custody. Prosecutors opted not to appeal this ruling, stating an appeal could jeopardize the 2028 trial date.
John Ryan, former chief of Department with the Port Authority Police and a participant in the Ground Zero recovery operation, described the ongoing legal proceedings as an "open sore" that becomes more painful with each anniversary. "It’s like the wound never healed, and every year we get salt poured back into that wound," said Dennis McGinley, whose brother died in the South Tower. He expressed that the delays have prevented his family from finding closure.
Mohammed and three other defendants have been held by the U.S. for years without a trial. A fifth defendant, Ramzi bin al-Shibh, is being handled separately after being declared mentally incompetent. The judge set the 2028 trial date 18 months after the prosecution's proposed start in January 2027, aiming to allow time for unresolved legal disputes.
Khalid Sheikh Mohammed, accused of orchestrating the attacks, has been in U.S. custody since his capture in Pakistan in 2003. He was held at CIA "black sites" where he underwent harsh interrogation techniques, including waterboarding, before being transferred to Guantánamo Bay in 2006. The treatment he received in CIA custody has become a central issue, with defense attorneys arguing that statements obtained under such conditions are inadmissible.
The case has faced numerous disruptions since the defendants were arraigned in 2012, including changes in military judges—the current judge is the fifth to oversee the proceedings—the COVID-19 pandemic, and a collapsed plea agreement. In 2024, plea agreements that would have resulted in life sentences were withdrawn by then-Defense Secretary Lloyd Austin, leading to further legal battles.
An earlier attempt by the Obama administration in 2009 to prosecute the defendants in federal court in Manhattan was abandoned due to security and logistical concerns. The case was subsequently moved back to the military commissions at Guantánamo.
The prolonged detention of the accused plotters at Guantánamo Bay has also incurred significant costs for taxpayers, reportedly hundreds of millions of dollars, without a resolution.
Sean Passananti, whose father was killed in the North Tower, stated that the passage of time has made the case feel detached from the gravity of the crime. "It feels really like a twilight zone and unbelievable that we have to fight for justice for the worst terrorist attack that ever happened on our soil," he said. Ryan noted that the case has now spanned two generations of victims' families, with older parents fearing they may not live to see a verdict.
If the current schedule holds, the trial would commence nearly 27 years after the attacks and 16 years after the defendants' arraignment in 2012. Ryan emphasized the need for the justice system to prioritize victims, stating, "Our justice system isn’t designed to work that late. It’s designed to produce justice in a fair time. And the emphasis needs to be on the victims as opposed to the five enemy combatants."