Two decades after his capture, the trial for Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11 attacks, faces persistent delays and legal obstacles. A military judge recently set a June 5, 2028, date for Mohammed's trial before a military tribunal, but some legal experts express doubt that it will ever conclude.
These delays are largely attributed to the intricate legal challenges stemming from Mohammed's treatment after his 2003 capture in Pakistan. His legal representation has highlighted that statements made following his capture, including an alleged confession to the FBI in 2007, were deemed inadmissible by a military judge. This ruling was based on the determination that Mohammed was subjected to "enhanced interrogation techniques" overseas, such as waterboarding, which tainted the evidence.
Mohammed was transferred to Guantanamo Bay on September 5, 2006, after spending over three years in secret prisons. He is accused of developing and directing the 9/11 attacks as a leader of the militant group al-Qaida. A U.S. Senate report detailed his extensive torture in CIA custody, including 183 sessions of waterboarding.
Previous attempts to prosecute Mohammed in civilian courts have also failed. In 2009, then-Attorney General Eric Holder announced plans to try Mohammed and four other defendants in a Manhattan courthouse. However, the plan faced immediate opposition due to security concerns and predictions that the trial would be used as a platform for hateful rhetoric. Former New York City Mayor Rudy Giuliani publicly opposed the plan, citing a "lack of concern for the rights of the public." The civilian trial plans were subsequently dropped.
Legal professionals have expressed skepticism about the military tribunal system's effectiveness. Joshua Dratel, an attorney involved in Mohammed's legal representation, described the military commission system as less efficient and lacking fidelity to federal court structures, stating, "Each time you reach an impasse, no one knows what to do."
David Raskin, who was slated to lead the prosecution in the abandoned New York civilian trial, stated in an essay that he remains confident a civilian trial would have resulted in a conviction. He described military commissions as "a defense lawyer's dream" due to ongoing litigation over their legality and procedures, predicting that a completed military commission trial for Mohammed and other Sept. 11 defendants is unlikely.
Despite the legal entanglements, victims' families continue to hope for a resolution. Terry Strada, national chair of 9/11 Families United, expressed the ongoing desire for justice. However, she also stated a preference for Mohammed to remain indefinitely at Guantanamo Bay rather than face a resolution that removes the possibility of the death penalty, which she believes is fitting for the crime and would prevent future political exchanges.
The U.S. government's decision not to appeal the ruling excluding Mohammed's 2007 confession was partly to avoid further trial delays.