Khalid Sheikh Mohammed, identified as the mastermind behind the September 11 attacks, along with three alleged co-conspirators, is scheduled to face trial in 2028. A military judge made the decision on Wednesday, establishing the trial for June 5, 2028. Prosecutors initially sought to start the proceedings in January 2027, but Lt. Col. Michael Schrama ruled against it. He cited the need for more time to address pretrial concerns.
Mohammed and his co-defendants have been detained at Guantánamo Bay since 2003. The case relates to the 9/11 attacks that resulted in nearly 3,000 fatalities. Schrama highlighted that the suggested trial date of January 11, 2027, would not provide adequate time to tackle remaining pretrial issues.
A realistic trial date must account for the hearing and resolution of pretrial evidentiary and compliance motions, including the FBI LHM suppression motions,Schrama stated.
The trial schedule includes a comprehensive order with deadlines and objectives leading up to the June 2028 trial. Existing deadlines for ongoing pretrial matters remain unchanged.
Trial Preparation and Schedule
Jury selection is set to begin on June 5, 2028, covering processes such as assembly, challenges, and the juror empanelment. Opening statements will commence 30 days after jurors are selected. Defendants may opt to defer their statements until after the prosecution has presented their case.
After the opening statements, prosecutors will start presenting evidence. Upon conclusion, defendants have 14 days to request a not guilty finding under military commission rules. Prosecutors then have 14 days to respond, with an additional seven days for defendants’ replies.
If prosecutors need to address issues raised by defendants, they have 45 days post-evidence presentation to do so. Defendants are slated to present evidence 60 days after the prosecution concludes.
The order specifies how rebuttal and surrebuttal evidence, additional not guilty motions, and closing arguments should proceed. Extensions or continuances will not be granted without significant reason.
Background and Legal Proceedings
The trial date follows extensive legal dealings in the prosecution of Mohammed and his co-conspirators, which included unsuccessful attempts to settle the case through plea agreements. A 2025 federal appeals court decision in Washington, D.C., allowed then-Defense Secretary Lloyd Austin to disengage from plea deals.
These agreements would have let Mohammed and two co-defendants plead guilty in exchange for life sentences without parole, removing the death penalty. Austin maintained that such a decision should reside with the Secretary of Defense. The D.C. Circuit upheld Austin’s legal authority in this capacity, supporting the notion and legal framework for military commission trials.
Mohammed, originally from Pakistan, is accused of orchestrating the 9/11 plot, involving hijacked planes targeting the World Trade Center and Pentagon, with one crashing in Pennsylvania.
The setting of the 2028 date is crucial for a case bogged down in pretrial proceedings for years. The military commission continues to address evidential and legal disputes before beginning a trial on the merits.