A US military judge has ordered Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks, and three co-defendants to stand trial before a military tribunal in June 2028, marking a major development in a case that has faced more than two decades of legal delays.
The trial is scheduled to begin at the US military commission in Guantanamo Bay, Cuba, where the four defendants have been held for years.
Trial to Begin on June 5, 2028
According to an 11-page scheduling order issued by US Air Force Lieutenant Colonel Michael Schrama, the trial will formally begin on June 5, 2028.
Mohammed will face trial alongside three co-defendants: Walid Muhammad Salih Mubarak bin ‘Atash, Mustafa Ahmed Adam al Hawsawi, and Ali Abdul Aziz Ali.
The proceedings will initially focus on selecting a panel of US service members who will act as the jury under the rules governing military commissions.
Opening statements are expected to begin 30 calendar days after the jury panel is selected.
The prosecution will then present its evidence, after which the defence teams will have an opportunity to file motions seeking findings of not guilty. The prosecution and defence will also be allowed to respond to and challenge each other’s arguments.
Defence Case and Sentencing Phase
Under the court’s schedule, the defence will begin presenting its main evidence 60 calendar days after the prosecution concludes its case.
The proceedings will eventually move to a sentencing phase after the conclusion of the trial.
Prosecutors had proposed starting the trial in January 2027, but Judge Schrama rejected that request. He said such a timetable would not provide enough time to resolve outstanding pretrial matters, including evidentiary and compliance-related motions.
The judge’s decision reflects the complexity of a case that has remained stuck in legal proceedings for more than two decades.
Plea Deals Previously Blocked
The trial date was announced shortly after a US appeals court blocked plea agreements involving Mohammed and two of his co-defendants.
The agreements would have allowed the accused men to plead guilty in exchange for avoiding the death penalty.
A military judge and the US Court of Military Commission Review had previously supported the plea deals. However, the appeals court reversed those decisions last month.
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The agreements had originally been offered and accepted by the official responsible for overseeing the Pentagon’s Guantanamo military commission system.
However, the plea deals were later revoked in August last year by then-US Defence Secretary Lloyd Austin, following criticism from Republican lawmakers and others who opposed removing the possibility of capital punishment.
As a result, the defendants now face the prospect of a full military trial in which the death penalty could remain a possible punishment if they are convicted.
Charges Linked to September 11 Attacks
Khalid Sheikh Mohammed remains the most well-known detainee at the Guantanamo Bay detention facility, which was established in 2002 by then-US President George W Bush following the September 11 attacks.
He is accused of playing a central role in planning the attacks, in which hijacked passenger aircraft were flown into the World Trade Center in New York City and the Pentagon.
The September 11 attacks killed nearly 3,000 people and remain the deadliest terrorist attacks in US history.
The four defendants have faced charges related to their alleged involvement in the attacks, while their prosecution has been repeatedly delayed by disputes over military commission procedures, the admissibility of evidence and other legal issues.
A Case Delayed for More Than Two Decades
The decision to set a trial date represents another milestone in one of the longest-running and most complicated cases in the US military justice system.
However, several years still remain before the trial is due to begin, and pretrial litigation is expected to continue in the meantime.
The military tribunal will ultimately determine whether the four accused men are guilty of the charges brought against them. Until a verdict is reached, the proceedings remain subject to the principle that the defendants are presumed innocent.
If the case proceeds according to the newly announced schedule, the trial will formally begin nearly 27 years after the September 11, 2001 attacks.
